Terms of service

These Terms of Service govern your access to and use of the website at goodcreatives.ca, our client portal, and the creative services we provide. The Services are operated by Good Creatives, a creative subscription service run by Gemibra Media Ltd, a company incorporated in Ontario, Canada. By accessing the Site or using the Services, you agree to these Terms and to our Privacy Policy. If you are agreeing on behalf of a company, you confirm you have authority to bind that company.

1. The Services

Good Creatives provides design and creative work on a subscription basis. Clients submit requests through our portal or agreed channels, and we deliver creative work such as graphics, ad creative, brand assets, and marketing materials according to the plan they have signed up for.

The specifics of what your plan includes (scope, turnaround, number of active requests, revisions, and price) are set out in your plan details or order form. We may improve or change the Services over time, and will give notice of material changes that affect you.

If you have signed a separate service agreement or order form with us, and anything in that agreement conflicts with these Terms, that signed agreement controls for the conflicting part.

2. Accounts

To use the Services as a client, you need an account. You agree to provide accurate information, keep your login credentials secure, and be responsible for activity under your account. Tell us promptly if you believe your account has been compromised. You are responsible for the users you invite to your account and for their use of the Services.

3. Subscriptions, billing, and cancellation

Plans and fees. Fees, billing frequency, and plan terms are set out when you subscribe or in your order form. Unless stated otherwise, prices are in Canadian dollars and exclusive of applicable taxes, which we will add where required.

Billing. Subscriptions are billed in advance on a recurring basis through our payment provider. By subscribing, you authorize us to charge your payment method for each billing period until you cancel.

Renewal and cancellation. Subscriptions renew automatically unless cancelled before the next billing date, in the manner described in your plan. Cancellation stops future billing. Except where required by law or stated in your plan, fees already paid are non-refundable, and cancelling does not entitle you to a refund for the current period.

Pausing and changes. Any right to pause, downgrade, or upgrade a plan is as described in your plan details.

Non-payment. If a payment fails or is overdue, we may suspend or limit the Services until it is resolved.

4. Your responsibilities and materials

To do the work, we rely on you to give us what we need: clear briefs, brand assets, and any content, text, images, or files you want us to use ("Client Materials"), along with timely feedback and approvals.

You represent that you own or have the necessary rights and permissions to give us the Client Materials and to have us use them to create your deliverables, including any rights needed for logos, photographs, fonts, third-party content, or a person's name or likeness contained in them. You are responsible for making sure your requests and the use of your deliverables comply with the law.

You grant us a limited licence to use the Client Materials only as needed to provide the Services to you.

5. Acceptable use

You agree not to use the Site or Services to:

• Break the law or infringe anyone's rights, including intellectual property or privacy rights
• Request or create content that is unlawful, hateful, harassing, deceptive, or otherwise harmful
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, Services, or our systems
• Misrepresent your identity or your authority to act for a company
• Resell or exploit the Site or Services beyond what your plan permits

We may refuse, suspend, or remove work or accounts that breach this section.

6. Intellectual property in the deliverables

Your deliverables. When you have paid all fees due for the work, we assign to you all rights we hold in the final creative deliverables we produce specifically for you under your plan (the "Deliverables"), so that you own them. Until full payment is made, we retain those rights.

Our own property. We keep ownership of everything that is not a Deliverable made specifically for you, including our own tools, systems, methods, templates, know-how, software, and anything we developed before or independently of our work for you. Where any of that is embedded in a Deliverable, we grant you a non-exclusive, perpetual licence to use it as part of that Deliverable.

Third-party and stock assets. Some Deliverables may include third-party assets such as stock images, illustrations, or fonts. These carry their own licences from their providers, and your use of them is subject to those licences. We will tell you where a Deliverable depends on a licensed third-party asset.

Drafts and unused concepts. Rights transfer only in the final Deliverables you receive. Concepts, drafts, and versions not delivered to you as final remain ours.

7. Use of AI

We use artificial intelligence tools as part of how we produce creative work, with human designers directing and reviewing the output. We stand behind the work we deliver to you.

If you prefer that we not use AI tools on your work, tell us and we will discuss what is possible for your account or a specific project. Where we cannot meet a request without AI, we will let you know and work out an acceptable approach with you.

8. Showcasing our work

We would like to be able to show the work we create as part of our portfolio and marketing. Unless you tell us in writing that you do not want us to, you grant us the right to display Deliverables we created for you as examples of our work, and to identify you as a client. If your work is confidential or you would rather we did not showcase it, let us know and we will respect that.

9. Confidentiality

Each of us may receive confidential information from the other. We agree to protect your confidential information, use it only to provide the Services, and not disclose it except to people who need it to do the work and are bound to keep it confidential. This does not apply to information that is public, already known, or independently developed, or that we are required to disclose by law.

10. Warranties and disclaimers

We will provide the Services with reasonable skill and care. Except for that, and to the fullest extent permitted by law, the Site and Services are provided "as is" and "as available", and we disclaim all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site or Services will be uninterrupted or error-free. You are responsible for how you use the Deliverables once they are yours, including any changes you or others make to them.

11. Limitation of liability

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services or these Terms.

To the fullest extent permitted by law, our total liability arising out of or relating to the Services or these Terms is limited to the amount you paid us for the Services in the three months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and costs (including reasonable legal fees) arising from your Client Materials, your use of the Deliverables, or your breach of these Terms, except to the extent caused by us.

13. Term and termination

These Terms apply while you use the Site or Services. Either party may end a subscription as described in Section 3 or in your plan. We may suspend or terminate your access if you materially breach these Terms. Sections that by their nature should survive termination (including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification) will continue to apply.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada that apply there, without regard to conflict-of-laws rules. You agree that the courts located in Ontario have jurisdiction over any dispute, subject to any mandatory rights you have under the law where you live.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date and, for material changes, give more prominent notice. Continuing to use the Site or Services after changes take effect means you accept the updated Terms.

16. Contact

Questions about these Terms? Contact us at hello@goodcreatives.ca.