Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website, digital agency services, custom websites, web applications and related digital tools provided by 9317-3425 Quebec Inc (operating as Incapitalus) (“we,” “us,” “our”) (collectively, the “Services”). By accessing or using the Services, or by engaging us for a project, you agree to these Terms.

1. Acceptance of these Terms

By accessing or using our website, purchasing from us, or using any of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Our Services

We provide digital agency services and hosted software subscriptions, including website audits, hosted websites, lead forms, analytics, AI-assisted content tools, light CRM features, automations and local SEO tools, depending on the plan selected. Agency engagements may also include web design, landing pages, custom web applications, internal tools, acquisition support, and content or brand systems. The specific scope, deliverables, timeline and commercial terms of custom engagements are confirmed privately in the relevant proposal or agreement.

2.1. Free website audit

The website audit is free, requires no payment card and does not create a paid subscription. It analyzes up to five accessible public webpages using the website address and the niche or market information you provide. Public comparable sites are included only when sufficiently reliable comparables are available. The audit does not access private analytics, accounts, files, customer records or other non-public data. Findings, scores, comparisons and recommendations are informational and do not guarantee sales, leads, traffic, search rankings, performance improvements or any other result.

A report depends on the availability of sufficient public content and our quality checks. If automated reading fails, you can request a free manual review through the contact form; a completed report is not guaranteed. The report is delivered as a private web link: anyone holding that link can view it, so share it only with people you trust. Report access normally lasts ninety (90) days after delivery, during which you can print or save it as a PDF. Older paid audits remain subject to the terms agreed at purchase; contact hello@incapitalus.com for support.

3. Accounts

If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. You agree to provide accurate information and to keep it up to date.

4. Invoicing and project agreements

For new engagements, we confirm the scope, deliverables, amount, currency, applicable taxes and payment schedule before issuing an invoice. Payment methods available for your engagement are shown on the payment page after the scope and total are confirmed. Interac e-Transfer to hello@incapitalus.com remains available after you receive the invoice; include its number and your business name in the transfer message. Where card payment is offered, Airwallex processes it through its secure payment interface. Payment is confirmed only after the transaction is verified or the transferred funds are received. A form submission or account creation does not prove payment and does not authorize automatic withdrawals. Existing subscriptions and previous agreements are not canceled or modified by removal of online checkout. Contact us about their billing or cancellation.

5. Access, payment and delivery

Paid plan access begins only after payment has been confirmed. Features are limited to the entitlements shown for the selected plan. If a recurring payment is not completed, access to paid features may expire or be suspended. Website preparation and launch depend on timely receipt of accurate business information, content, access, feedback and approvals from the client. Payment schedules, delivery milestones and acceptance criteria for custom projects are defined privately.

6. Acceptable use

You agree not to use the Services unlawfully, to infringe the rights of others, to attempt to gain unauthorized access, to interfere with the Services, or to use them to transmit harmful or illegal content.

7. Intellectual property

We retain all rights in the Services, our software, templates, systems and content, except for content you provide. A software subscription grants a limited right to use the hosted service while the subscription remains active; it does not transfer ownership of the platform, source code or underlying systems. Where we deliver separate custom work to a client, ownership of the agreed deliverables transfers upon full payment only if the relevant agreement says so. You retain ownership of content you upload and grant us the limited rights needed to provide the Services.

8. Client responsibilities

Timely delivery depends on your cooperation, including providing materials, business information, access, feedback and approvals when reasonably requested.

9. Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties not expressly stated, including implied warranties of merchantability and fitness for a particular purpose. We do not guarantee specific business results, advertising performance, sales, leads, revenue, or return on investment.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, or consequential damages, and our total liability arising out of or relating to the Services will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Term and termination

We may suspend or terminate access to the Services if you breach these Terms, if a payment remains unpaid, or to comply with the law. For cancellation of an existing subscription or agreement, contact hello@incapitalus.com; the applicable agreement determines its effective date and any amounts due. Removing online checkout does not cancel previous subscriptions. Provisions that by their nature should survive termination will survive.

12. Governing law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Mandatory consumer-protection rights in your country of residence are not affected.

13. Changes to these Terms

We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

14. Contact