Terms of Service

1. Introduction

Welcome to captiv8 Innovations, Inc ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our services.

2. Definitions

"User" refers to any individual or entity that engages our website.
"Client" refers to any individual or entity that engages our services.
"Services" means any software consulting, development, or related services provided by us.
"Website" refers to https://captiv8innovations.com.

3. Services

We provide software consulting and development services. The specific scope, deliverables, and terms of each project will be detailed in a separate Statement of Work (SOW) or contract. We reserve the right to withdraw, modify, or discontinue any service we provide on our website without notice. We will not be liable if for any reason any service is unavailable at any time or for any period. We also reserve the right to offer these services to any customer/prospect/client at our sole discretion.

4. Client Responsibilities

Clients are responsible for providing accurate and complete information necessary for the provision of services. Clients must also ensure they have the necessary rights and permissions for any content or materials provided to us. Users and Clients agree to use our website in a manner consistent with any and all applicable laws and regulations. Unauthorized use of our website, including but not limited to misuse of any information posted to the website is strictly prohibited.

5. Intellectual Property Rights

Unless otherwise agreed in writing:

1. We retain all intellectual property rights in our pre-existing materials and any generic skills, know-how, processes, or other intellectual property developed during the provision of services.
2. Upon full payment, the client is granted a non-exclusive, non-transferable license to use the deliverables for their internal business purposes.
3. Clients retain all rights to their pre-existing materials and content provided to us.

6. Payment Terms

Payment terms will be specified in each SOW or contract. Unless otherwise agreed:

1. Invoices are due within 30 days of issuance.
2. Late payments may incur compounded interest at 1.5% per month.
3. We reserve the right to suspend services for overdue accounts.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of service provision. This obligation survives the termination of our agreement.

8. Limitation of Liability

To the maximum extent permitted by law, our liability for any claim arising out of or in connection with our services, regardless of the form of action, whether in contract, tort, or otherwise, shall be limited to the amount paid by the client for the specific services giving rise to the claim. In no event will we be liable for any indirect, incidental, special, consequential, punitive damages, any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, or consequential damages.

9. Warranty and Disclaimer

We warrant that our services will be performed in a professional and workmanlike manner. This warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our services will be error-free or uninterrupted.

10. Termination

Either party may terminate the agreement with 30 days written notice. Upon termination, the client shall pay for all services rendered up to the termination date. Any provisions that by their nature extend beyond termination shall survive.

11. Indemnification

The client agrees to indemnify and hold harmless our company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with the client's use of our services or any breach of these Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario.

13. Amendments

We reserve the right to amend these Terms at any time. We will notify clients of significant changes. Continued use of our services after such changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with any applicable SOW or contract, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings regarding such subject matter.

16. Contact Information

If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us at:

This document was last updated on October 1, 2024.