Terms of Service

Effective Date: May 24, 2025
These Terms of Service (“Terms”) govern your use of Cretix Media Inc.’s (“Cretix,” “we,” “us,” or “our”) website, services, and AI digital assistant.
By accessing our website, engaging our services, or interacting with our systems, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

1. Who We Are And What We Do

Cretix Media Inc. is an accessibility-first digital content creation, publishing, and optimization company. We support creators, business owners, and organizations in designing inclusive, high-converting digital experiences using a combination of learning experience design (LXD), AI-assisted tools, and strategic consulting.
Our services include:
  • Digital content audits, including:
    • Mini conversion audits
    • Full accessibility and UX reviews (Sticky Site Scorecard)
  • Website and funnel content optimization
  • Learning experience design (LXD) for online courses and digital training programs
  • Co-creation of digital content including:
    • Online courses
    • Workshops
    • Workbooks and digital handouts
    • Email sequences
    • Social media and video content
  • Publishing support for digital assets (including formatting, accessibility tagging, and distribution strategy)
  • Strategic copywriting focused on inclusive messaging and conversion
  • Consulting on human-first content strategies for creators, coaches, nonprofits, and teams
  • Development and licensing of proprietary Cretix Media online courses
  • AI education workshops (for teams and independent professionals)
  • Accessibility and inclusive design training (for content creators, educators, and HR departments)
  • Custom AI digital assistant builds for organizations (e.g., customer service, onboarding, or accessibility agents)
  • Ongoing advisory and content maintenance packages
  • Corporate training partnerships and speaking engagements on accessible media and ethical AI

2. Acceptance And Eligibility

2.1 Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Cretix Media Inc.

2.2 Eligibility Requirements

To use our services, you must:
  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete information
  • Comply with all applicable laws and regulations
  • Not be prohibited from receiving our services under applicable law

2.3 Business Use

Our services are intended for legitimate business purposes. You agree not to use our services for any illegal, harmful, or unauthorized purpose.

2.4 Account Security and Access

If you are required to create an account on our website or client portal to access services, you agree to:
  • Maintain the confidentiality and security of your login credentials
  • Use a strong, unique password and enable two-factor authentication where available
  • Not share your account access with unauthorized individuals
  • Immediately notify us at team@cretix.io of any suspected unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account
  • Log out of your account when finished, especially on shared or public computers
We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized account access that results from your negligence.

3. Service Terms And Delivery

3.1 Service Scope and Agreements

  • Services are performed according to agreed statements of work, proposals, or service agreements
  • Specific deliverables, timelines, and pricing are outlined in individual service contracts
  • Changes to project scope require written agreement and may incur additional fees
  • Client cooperation, timely feedback, and provision of necessary materials are required for proper service delivery

3.2 Service Categories

Audit Services: Digital content assessments and recommendations delivered as reports and analysis documents.

Consulting Services: Strategic advice, guidance, and recommendations provided through meetings, calls, and written communications.

Creation Services: Development of new digital content, courses, materials, and assets as specified in service agreements.

Training Services: Educational workshops, courses, and training programs delivered live or through digital platforms.

3.3 Service Limitations and Disclaimers

  • We provide professional consulting and content creation services, not legal advice
  • Accessibility compliance recommendations are based on current best practices and standards
  • AI-generated content requires human review and client approval before implementation
  • Results and outcomes may vary based on implementation, market conditions, and external factors
  • We do not guarantee specific business results, revenue increases, or performance metrics

4. Payment Terms And Conditions

4.1 Payment Requirements

  • Payment terms are specified in individual service agreements or invoices
  • Digital products and audit services typically require payment before delivery
  • Consulting and creation services may be billed according to agreed milestone schedules
  • All prices are quoted in US dollars (USD) by default. Canadian dollar (CAD) pricing available upon request for Canadian clients.
  • Late payments may incur additional fees or result in service suspension

4.2 Accepted Payment Methods

  • Credit cards (Visa, Mastercard, American Express)
  • Bank transfers and wire transfers
  • Interac e-Transfer (for clients located in Canada)
  • Apple Pay and Google Pay (where available)
  • Third-party payment processors (Stripe, PayPal)
  • Cheques or money orders (only when mutually agreed in writing – services will not commence until funds clear, typically 5 business days)
  • Other methods as mutually agreed in writing

4.3 Taxes and Additional Fees

You are responsible for all applicable taxes, duties, and fees related to your purchase of our services.

5. Refund Policy

5.1 General Refund Policy

We generally do not offer refunds for completed services or delivered digital products. This policy applies to all services unless explicitly stated otherwise in a separate written agreement.

5.2 Non-Refundable Services

The following services are non-refundable once delivered or performed:
  • Completed audits and assessments (including Mini Audits and Sticky Site Scorecards)
  • Delivered digital products, reports, and scorecards
  • Consulting sessions and strategy calls that have been conducted
  • Training sessions and workshops that have been delivered
  • Custom content creation work that has been completed and delivered
  • Time-based consulting services that have been performed

5.3 Limited Refund Exceptions

Refunds may be considered only in the following exceptional circumstances:
  • Service not delivered due to our material breach or failure to perform
  • Technical issues on our end that prevent service delivery and cannot be reasonably resolved
  • Fraud or unauthorized charges processed without your consent

5.4 Refund Request Process

  • Must be submitted in writing to team@cretix.io within 15 days of service delivery
  • Must include detailed explanation of grounds for refund request
  • May require return or deletion of delivered materials and work products
  • Subject to our review and approval at our sole discretion
  • Approved refunds will be processed within 30 days

5.5 Custom Service Agreements

Services provided under custom contracts or statements of work may have different refund terms as specified in those individual agreements.

6. Chargeback Policy

6.1 Chargeback Prohibition

You agree not to initiate chargebacks, payment disputes, or reversals with your financial institution for services that have been properly delivered and completed. Chargebacks should only be used for cases of fraud or unauthorized transactions.

6.2 Consequences of Improper Chargebacks

If you initiate a chargeback after services have been delivered, completed, and signed off on by you, we reserve the right to:
  • Immediately terminate all services and revoke access to delivered materials
  • Pursue collection of the disputed amount plus additional costs and fees
  • Take legal action to recover lost funds, including but not limited to filing claims in small claims court or other appropriate venues
  • Seek compensation for legal fees, collection costs, and administrative expenses incurred
  • Report the matter to relevant authorities if fraudulent activity is suspected

6.3 Dispute Resolution Process

Before initiating any payment dispute, you agree to:
  • Contact us directly at team@cretix.io to discuss the issue
  • Allow us a reasonable opportunity (minimum 10 business days) to address your concerns
  • Participate in good faith efforts to resolve the matter

6.4 Recovery of Funds

We will use all available legal means to recover funds lost due to improper chargebacks, including but not limited to engaging collection agencies, pursuing legal action, and seeking full reimbursement of all associated costs.

7. Zenna Ai Assistant Terms

7.1 Autonomous AI Services

Zenna, our AI digital assistant, operates both responsively and autonomously to provide customer service. Zenna may:
  • Book appointments and schedule consultations on your behalf
  • Send automated communications via website chat, email, and SMS
  • Provide customer service and support outside regular business hours
  • Make service recommendations based on your needs and our available offerings
  • Process service requests and facilitate service delivery

7.2 AI Service Limitations

  • Zenna operates under human oversight and programmed parameters
  • Complex inquiries may be escalated to human team members
  • AI recommendations are based on available information and may require human verification
  • You acknowledge that AI systems may occasionally produce errors or unexpected responses

7.3 Consent to AI Interactions

By using our services, you consent to interactions with Zenna for customer service, scheduling, and service delivery purposes.

8. Intellectual Property Rights

8.1 Client Materials and Content

  • You retain ownership of your original content, materials, and intellectual property
  • You grant us a limited license to use your materials solely for contracted service delivery
  • Client information and content remain confidential and are not shared without permission
  • Upon project completion, you receive full rights to final deliverables created for you

8.2 Cretix Intellectual Property

  • We retain ownership of our proprietary methodologies, frameworks, processes, and tools
  • The “Human First Framework” and related methodologies remain our intellectual property
  • Zenna AI assistant and associated technology remain our exclusive property
  • Training materials, templates, and proprietary content are protected by copyright
  • Our business processes, client management systems, and operational methods remain confidential

8.3 Work Product and Deliverables

  • Final deliverables created specifically for clients become client property upon full payment of all fees
  • Until full payment is received, Cretix retains ownership of all work products and deliverables
  • Templates, frameworks, and methodologies used in service delivery remain Cretix property
  • Custom solutions may have shared ownership rights as specified in individual service agreements
  • Clients receive appropriate usage rights for delivered work products upon full payment

9. Confidentiality And Non-disclosure

9.1 Our Confidentiality Commitments

We agree to:
  • Maintain strict confidentiality of all client information and materials
  • Use client data exclusively for agreed service delivery purposes
  • Implement appropriate security measures to protect confidential information
  • Limit access to client information to authorized personnel only
  • Not disclose client information without written consent

9.2 Client Responsibilities

You agree to:
  • Protect access credentials and sensitive materials we provide
  • Respect the confidentiality of our proprietary methods and business processes
  • Not share or distribute our proprietary frameworks, tools, or methodologies
  • Comply with any specific non-disclosure agreements executed in connection with services

9.3 Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:
  • Is publicly available through no breach of these Terms
  • Is required to be disclosed by law or court order
  • Is necessary to enforce our rights under these Terms

10. Warranties And Disclaimers

10.1 Service Warranties

We warrant that:
  • Services will be performed with professional care and skill consistent with industry standards
  • Work will comply with applicable accessibility guidelines and best practices as specified
  • Deliverables will meet specifications outlined in approved service agreements
  • Services will be delivered according to agreed timelines, subject to client cooperation

10.2 Limitation of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 Client Implementation Responsibility

  • Clients are responsible for proper implementation of recommendations and delivered materials
  • We do not warrant results that depend on client implementation or external factors
  • Business outcomes depend on numerous factors beyond our control

11. Limitation Of Liability

11.1 Liability Limitations

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

11.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

These limitations do not apply to damages caused by our gross negligence, willful misconduct, or breach of confidentiality obligations.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cretix Media Inc., its officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) arising from or relating to:
  • Your use of our services in violation of these Terms
  • Your breach of any representation, warranty, or obligation under these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Your failure to properly implement our recommendations or use delivered materials
  • Any content, materials, or information you provide to us

13. Termination

13.1 Termination by Client

  • You may terminate services according to the terms specified in individual service agreements
  • Early termination may result in fees for work completed to the date of termination
  • You remain obligated to pay for all services rendered prior to termination
  • Confidentiality and intellectual property obligations survive termination

13.2 Termination by Cretix

We may terminate or suspend services immediately if:
  • We may terminate services if you materially breach these Terms or any service agreement
  • We may terminate services if you fail to make required payments after notice and opportunity to cure
  • We may terminate services if you engage in conduct that we reasonably believe violates applicable law
  • We may terminate services if continued service would harm our business, reputation, or other clients

13.3 Effect of Termination

Upon termination:
  • Payment Obligations: All unpaid amounts become immediately due and payable
  • Service Cessation: We may cease all work and revoke access to our systems and materials
  • Confidentiality: Each party must return or destroy confidential information of the other party
  • Survival Clause: Surviving provisions of these Terms remain in effect

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.

14.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ontario, Canada. You consent to the jurisdiction of such courts and waive any objection to venue.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in any class action lawsuit or class-wide arbitration against Cretix Media Inc. This waiver applies regardless of whether the class action is filed in court or arbitration.

14.4 Dispute Resolution Process

Before initiating formal legal proceedings, the parties agree to:
  • Attempt to resolve disputes through direct, good faith negotiations
  • Consider mediation through a mutually agreed neutral mediator
  • Engage in binding arbitration if mediation is unsuccessful (where legally permissible)

14.5 Time Limitations

Any claim or cause of action arising under these Terms must be filed within one (1) year after the claim or cause of action arose, or such claim shall be forever barred.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and Cretix Media Inc. regarding the subject matter hereof.

15.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated through:
  • Posted notice on our website with updated effective date
  • Email notification to registered clients and users
  • Prominent notice during your next interaction with our services

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

15.4 Assignment

We may assign these Terms and our rights hereunder without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or our right to enforce it in the future.

16. Contact Information

For questions about these Terms of Service, please contact:

Company Officer: Nadine Carr

Company: Cretix Media Inc.

Email: team@cretix.io

Phone: (647) 494-4252

Address: 253 Summerlea Road Unit 24, Brampton, ON L6T 5A8

Business Hours: Monday – Friday, 9:00 AM – 5:00 PM EST

For immediate assistance with service-related matters, please email us at team@cretix.io.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.