These Terms of Service (“Terms”) apply when you use airvyn.com or buy anything from Airvyn Labs Inc. (“Airvyn”, “we”, “us”), however you pay: online checkout, a payment link, an invoice, or any other method we accept. Please read them before you buy. By paying, signing an Order, or ticking the box at checkout, you agree to these Terms, our Billing, Cancellation & Refund Policy, and our Privacy Policy.
1. Who we are
Airvyn Labs Inc. is a company incorporated in British Columbia, Canada. We provide social media, content, brand, search, and paid media services, mostly to public companies and businesses in regulated industries.
- Address: 595 Burrard Street, Suite 3123, Three Bentall Centre, Vancouver, BC V7X 1J1, Canada
- Email: contact@airvyn.com
- Phone: +1 (778) 770-0598
- We reply within one business day (Pacific Time).
2. How these Terms fit with your Order
Each purchase is made under an “Order”. An Order is the checkout page, payment link, proposal, statement of work, or invoice that describes what you are buying, the price, and any term. Where an Order and these Terms conflict, the Order wins for that purchase. If you and Airvyn have signed a separate services agreement, that agreement wins over both.
3. Business customers
Our services are sold to businesses for business use. If you buy on behalf of a company, you confirm that you are authorized to bind that company to these Terms, and “you” means that company.
4. What we sell
- Retainers. Ongoing monthly services, such as Advisory, Core Social, Growth, and Full-Service, with the scope described in your Order.
- Fixed-price projects. One-time engagements with a defined deliverable, such as the Marketing Audit.
- Add-ons. Production, shoots, conference coverage, website, and brand work, scoped and priced in your Order.
- Digital products. Downloadable templates, guides, or other files, where offered.
Anything not listed in your Order is outside its scope. We will quote extra work before we start it, and we only bill for it once you approve the quote in writing (email is fine).
5. Prices, currency, and taxes
Prices are in Canadian dollars (CAD) unless your Order says otherwise. Applicable sales taxes, including GST, are added at checkout or on your invoice. The price in your Order is the price you pay. We may change retainer pricing by giving you at least 30 days’ written notice before the billing date the change takes effect, and you may cancel before then under Section 7.
6. Payment and billing
Card and online payments are processed by third-party payment processors, currently Stripe and Square. You can pay with the methods shown at checkout or on your invoice.
- Retainers are billed monthly in advance, first when you buy or sign and then on the same date each month. If you pay by subscription or card on file, you authorize us to charge that payment method each month until your retainer is cancelled under Section 7. If you pay by invoice, each invoice is due on the date shown on it.
- Fixed-price projects and digital products are paid in full at purchase unless your Order sets a different schedule.
- Work starts when payment clears.
- Failed or late payments. If an automatic charge fails, our payment processor may retry it, and we will email you. If a payment is still outstanding 7 days after its due date, we may pause work until it is paid. Amounts more than 30 days overdue carry interest at 1.5% per month (18% per year).
- Ad spend is billed directly to you by the ad platforms (Meta, Google, LinkedIn, and others) and is never part of our fees.
- Production pass-throughs such as videographers, drone operators, equipment, and travel are billed at cost, and only after you approve them.
7. Renewal and cancellation
Retainers renew automatically each month.
- No minimum term unless your Order sets one. If your Order sets an initial term, the retainer runs until that term ends and then continues month to month.
- To cancel, email contact@airvyn.com from your account contact address, or give us written notice in any other form. Cancellation takes effect 30 days after we receive your notice, or at the end of any initial term in your Order, whichever is later. If your notice reaches us at least 30 days before your next billing date, that billing date is not charged. If it reaches us later, the next billing date is charged and the retainer ends at the end of that billing period. We confirm every cancellation in writing within one business day.
- We may cancel a retainer for any reason with 30 days’ written notice. We may suspend or end services right away if a payment is more than 14 days overdue, if you materially breach these Terms and do not fix it within 7 days of our notice, or if continuing would require us to publish content we reasonably believe is unlawful or misleading.
- When a retainer ends, you pay fees up to the effective date, we deliver work completed to that date, and we hand back any account access you gave us.
8. Refunds
Refunds are governed by our Billing, Cancellation & Refund Policy, which forms part of these Terms.
9. Your responsibilities
- Give us timely access to the accounts, people, and materials we need, and keep your account credentials and two-factor settings under your control.
- Review and approve content within the timelines agreed in your Order. Content is published on your channels only with your approval or under an approval process you have agreed to in writing.
- Make sure the information and materials you give us are accurate and that you have the rights to let us use them.
- You own your social, ad, analytics, and website accounts. We work in them on your behalf.
10. Public companies and regulated industries
Much of our work is for issuers listed on Canadian and US exchanges and for businesses in regulated fields such as healthcare and financial services.
- Our services are marketing and communications services. We do not provide legal, securities, tax, accounting, or investment advice, and we are not registered as a dealer or adviser under any securities law.
- You remain responsible for your continuous disclosure obligations, for the accuracy of your public statements, and for deciding whether our engagement must be disclosed under exchange rules (for example, TSX Venture Exchange Policy 3.4 on investor relations and promotional activities) and making any disclosure that is required.
- We build investor-facing content from your public disclosure and from material you approve. We do not publish undisclosed material information, and we treat any non-public information you share with us as confidential under Section 12.
- We do not make share price predictions or recommendations to buy or sell securities, and we may decline content that would.
- If your industry has its own advertising rules (for example, rules set by a health profession’s regulatory college), you are responsible for telling us about them and for final approval of content against them.
11. Third-party platforms and results
- Social networks, ad platforms, search engines, and other tools we use on your behalf are run by third parties under their own terms. We are not responsible for their decisions, such as ad rejections, account restrictions, policy or algorithm changes, or outages.
- Marketing depends on many factors outside our control. We do not guarantee specific results, including follower counts, engagement, leads, search rankings, financing outcomes, or share price.
12. Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only to perform or receive the services, and share it only with people and service providers who need it for that purpose and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiving party, that the receiving party already had or independently developed, or that must be disclosed by law, in which case the disclosing party gets notice where the law allows. These obligations continue for three years after our work together ends, and for as long as the information remains a trade secret or material non-public information.
13. Software and AI tools
We use software tools, including AI tools, to research, draft, edit, and produce work. A person on our team reviews everything before it reaches you. We do not enter your confidential information into any tool that uses it to train models available to others.
14. Intellectual property
- Your materials (logos, filings, footage, data, and anything else you provide) stay yours. You grant us a licence to use them to provide the services.
- Final deliverables created specifically for you become yours once the fees for them are paid in full.
- Airvyn materials. We keep ownership of our pre-existing and general-purpose tools, templates, frameworks, workflows, and know-how, including any that appear inside your deliverables. You receive a perpetual, non-exclusive licence to use them as part of those deliverables.
- Third-party assets such as stock media, fonts, and music are licensed under their owners’ terms, which we will tell you about when they apply.
- Drafts and concepts you did not select stay with us.
- We will show your work in our portfolio or name you as a client only with your written approval.
15. Using our website
Content on airvyn.com is owned by Airvyn or its licensors and is provided for information only. Do not copy it for commercial use, interfere with the site, or use it for anything unlawful. Links to other sites are provided for convenience, and we are not responsible for their content.
16. Disclaimers
Except as stated in these Terms or your Order, the services, website, and digital products are provided “as is”, and we disclaim all other warranties to the extent the law allows, including implied warranties of merchantability and fitness for a particular purpose.
17. Limitation of liability
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the services is limited to the fees you paid us in the three months before the event giving rise to the claim. These limits do not apply to amounts you owe us, to breaches of Section 12, or to liability the law does not allow us to limit.
18. Indemnity
You will defend and indemnify Airvyn against third-party claims arising from materials you provide, content you approve for publication, or your failure to meet your own legal, disclosure, or regulatory obligations.
19. Disputes and governing law
If something goes wrong with a charge or a deliverable, please contact us first at contact@airvyn.com. Most issues are fixed within a business day, and we can resolve a billing problem faster than a card dispute can. These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia, sitting in Vancouver, have exclusive jurisdiction.
20. Changes to these Terms
We may update these Terms by posting a new version on this page with a new “Last updated” date. For active retainers, material changes take effect at your next billing date that is at least 30 days after we email you about them. Purchases made after an update are governed by the updated Terms.
21. General
These Terms, your Order, and the policies they reference are the whole agreement between us for each purchase. You may not assign them without our written consent. Neither of us is responsible for delays caused by events beyond reasonable control. If any part of these Terms is unenforceable, the rest still applies. Notices may be given by email to the addresses on your account and to contact@airvyn.com. Sections 6, 12, 14, 17, 18, and 19 survive the end of our work together.
22. Contact
Airvyn Labs Inc., 595 Burrard Street, Suite 3123, Vancouver, BC V7X 1J1, Canada. contact@airvyn.com. +1 (778) 770-0598.