Terms & Conditions

Agreement & who we are

These Terms & Conditions (the “Terms”) are an agreement between you and Adberry Media Inc. (“Adberry,” “we,” “us,” or “our”), a Canadian corporation based in British Columbia. They govern your use of adberry.ca (the “Site”), the Adberry client platform at app.adberry.ca and related links and forms on links.adberry.ca (together, the “Platform”), and any services we provide (the “Services”).

By using the Site, Platform, or Services, you agree to these Terms. If you use them for a company, you confirm you are authorized to bind that company. If you do not agree, do not use them.

If you have a signed agreement, proposal, or statement of work with Adberry (an “Engagement Agreement”), it controls wherever it conflicts with these Terms.

Our services

Adberry provides performance marketing, media buying, lead generation, and related marketing technology. The scope, deliverables, timelines, and fees for any client engagement are set out in the applicable Engagement Agreement.

We may change, suspend, or discontinue any part of the Site or Platform at any time. We will give reasonable notice to active clients where a change materially affects their Services.

Platform accounts

Access to the Platform is by invitation. You are responsible for all activity under your login, for keeping your credentials confidential, and for telling us promptly at privacy@adberry.ca about any unauthorized use.

The Platform is operated using third-party software licensed to Adberry. Your use of it is also subject to any applicable terms of those providers, as they relate to the features you use.

Acceptable use & compliance

You agree not to use the Site, Platform, or Services to:

• Send messages, calls, or emails to anyone who has not given the consent required by law, including Canada’s Anti-Spam Legislation (CASL), CRTC Unsolicited Telecommunications Rules, the U.S. Telephone Consumer Protection Act (TCPA), and CAN-SPAM.
• Upload contact lists that were purchased, rented, scraped, or otherwise obtained without valid consent.
• Send content that is unlawful, misleading, harassing, hateful, sexually explicit, or that promotes prohibited products or services under carrier or platform rules.
• Infringe anyone’s intellectual property, privacy, or publicity rights.
• Interfere with, probe, reverse-engineer, or overload the Platform, or access it by automated means we have not approved.

As a client, you are responsible for the content you provide or approve and for having a lawful basis and any required consent for the contacts you give us or message through the Platform. We may suspend messaging or access that we reasonably believe breaks these rules.

SMS & messaging terms

Adberry and the businesses that use our Platform may send text messages (SMS/MMS) to people who have opted in, for example by submitting a form, booking an appointment, or texting a keyword. These terms apply to those messages.

• What you’ll receive — messages about your inquiry, appointment, quote, or service, such as confirmations, reminders, and follow-ups. Where you separately agree, promotional messages may also be sent.
• Frequency — message frequency varies based on your interaction.
• Cost — message and data rates may apply depending on your mobile plan.
• Opt out — reply STOP at any time to stop receiving messages. You will receive one final message confirming you have opted out.
• Help — reply HELP for help, or contact us at privacy@adberry.ca.
• Consent is not a condition of purchase. You do not have to agree to receive texts to buy any product or service.
• Carriers — mobile carriers are not liable for delayed or undelivered messages.

Mobile opt-in data and consent are never shared with or sold to third parties or affiliates for their marketing. See our Privacy Policy for how we handle personal information.

Fees & payment

Fees, billing schedules, and payment terms are set out in your Engagement Agreement or invoice. Unless stated otherwise, amounts are in Canadian dollars and exclude applicable taxes. Advertising spend paid to third-party platforms is your responsibility unless your Engagement Agreement says otherwise. We may pause Services on overdue accounts after notice.

Intellectual property

The Site, Platform, and our tools, templates, processes, and know-how belong to Adberry or its licensors. We grant you a limited, non-exclusive, non-transferable right to use them for your business during your engagement.

You keep ownership of your content, data, and brand materials. You grant Adberry a licence to use them as needed to provide the Services. Ownership of deliverables created for you is governed by your Engagement Agreement.

Third-party platforms

Our Services rely on third-party platforms such as Meta, Google, TikTok, telecommunications carriers, and software providers. We are not responsible for their availability, policy changes, account decisions, or outages, and your use of them is subject to their own terms.

Confidentiality

Each party will keep the other’s non-public business information confidential and use it only for the engagement, except where disclosure is required by law.

No guarantee of results

Advertising performance depends on factors outside our control, including platform algorithms, auctions, market conditions, and your offer. Projections and estimates are not guarantees. Except as expressly stated in an Engagement Agreement, the Site, Platform, and Services are provided “as is” and “as available,” and we disclaim all implied warranties to the extent permitted by law.

Limitation of liability

To the fullest extent permitted by law, Adberry is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Site, Platform, or Services is limited to the fees you paid to Adberry for the Services giving rise to the claim in the 12 months before it arose.

Indemnity

You will defend and indemnify Adberry against third-party claims, fines, and costs arising from your content, your contact lists or messaging consent, or your breach of these Terms or applicable law.

Suspension & termination

Either party may end an engagement as set out in the Engagement Agreement. We may suspend or end access to the Platform immediately if you breach these Terms, create legal or deliverability risk, or fail to pay. Sections that by their nature should survive (including intellectual property, confidentiality, limitation of liability, and indemnity) survive termination.

Governing law

These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts located in Vancouver, British Columbia have exclusive jurisdiction, and you consent to that jurisdiction.

Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Continued use of the Site, Platform, or Services after an update means you accept the revised Terms.

How to contact us

Questions about these Terms? Reach us at:

• Email — privacy@adberry.ca
• Contact form — via our contact page