Terms of Service

1. Acceptance of Terms

By accessing or using Incubatr's website and services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services. These terms constitute a legally binding agreement between you and Incubatr (François Desruisseaux, operating as Incubatr).

2. Services Description

Incubatr provides the following services:

• Strategic consulting: Digital transformation audits, roadmaps, and strategic advice
• Website development: Design, development, and deployment of professional websites
• Automation solutions: Business process automation, CRM integration, workflow optimization
• Grant application support: Preparation and submission of government grant applications
• Export assistance: Market entry strategies, FTA compliance, export readiness assessments

All services are provided on a project-by-project basis unless otherwise specified in a written agreement.

3. Client Obligations

As a client, you agree to:

• Provide accurate, complete, and timely information required for service delivery
• Respond to requests for clarification or additional information within reasonable timeframes
• Review deliverables promptly and provide feedback
• Make timely payments as per agreed invoicing terms
• Maintain confidentiality of proprietary methodologies and materials provided by Incubatr
• Not use our services for any unlawful purpose or in violation of applicable laws

4. Fees & Payment Terms

Pricing

Service fees are specified in project proposals and confirmed in written agreements. All prices are in Canadian dollars (CAD) unless otherwise stated.

Payment Terms

• Deposits: 50% deposit required to commence work
• Progress payments: For projects exceeding $10,000, progress payments may be invoiced at agreed milestones
• Final payment: Due upon project completion or delivery of final deliverables
• Payment methods: Bank transfer, check, credit card (processing fees may apply)
• Late payments: Interest of 1.5% per month may be charged on overdue balances

Grant Application Fees

Success-based fees for grant applications: $1,000 base fee + 8-10% success fee (only if grant is approved). Base fee is non-refundable as it covers application preparation work.

5. Intellectual Property Rights

Client-Owned Content

Upon full payment, you own all final deliverables including websites, custom code, and documentation created specifically for your project.

Incubatr-Owned Materials

We retain ownership of:

• Methodologies, frameworks, and processes developed by Incubatr
• Pre-existing tools, templates, and software
• General knowledge and expertise gained during projects

Third-Party Assets

Any third-party software, plugins, or themes are subject to their respective licenses. You are responsible for compliance with those licenses.

6. Warranties & Disclaimers

Limited Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We do NOT warrant:

• Grant approval: We cannot guarantee approval of government grant applications
• Business results: We do not guarantee specific revenue, savings, or business outcomes
• Third-party services: We are not responsible for issues caused by third-party platforms (hosting, APIs, etc.)
• Market conditions: We are not liable for changes in market conditions, regulations, or competitive landscape

7. Limitation of Liability

To the maximum extent permitted by law:

• Incubatr's total liability for any claim shall not exceed the fees paid for the specific project giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for third-party actions or failures (hosting providers, government agencies, etc.)

Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not fully apply to you.

8. Termination

By Client

You may terminate services at any time with written notice. You will be responsible for:

• Payment for all work completed to date
• Non-refundable deposits
• Any third-party costs already incurred (hosting, licenses, etc.)

By Incubatr

We may terminate services if you: (1) fail to make timely payments, (2) provide false or misleading information, (3) engage in abusive or illegal conduct, or (4) fail to fulfill your obligations under these terms.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This includes:

• Client confidential information: Business plans, financial data, trade secrets, customer lists
• Incubatr confidential information: Methodologies, pricing strategies, proprietary processes

Confidentiality obligations do not apply to information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) must be disclosed by law.

10. Governing Law & Dispute Resolution

These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution

1. Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation
2. Mediation: If negotiation fails, parties may pursue mediation before initiating litigation
3. Jurisdiction: Any legal action must be brought in the courts of Quebec, Canada

11. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the modified terms.

12. Miscellaneous

• Entire agreement: These terms, together with any project-specific agreements, constitute the entire agreement between parties
• Severability: If any provision is found unenforceable, remaining provisions remain in full force
• No waiver: Failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign your rights or obligations without our written consent
• Force majeure: Neither party is liable for delays caused by events beyond reasonable control

Questions About These Terms?

If you have questions about these Terms of Service, please contact us: