Effective date: September 22nd, 2026
These Terms govern your use of actualizedigital.ca (the "Site") and any services you purchase from [Legal Business Name], operating as Actualize Digital ("we," "us"). By using the Site or purchasing services, you ("Client," "you") agree to these Terms. Each purchase is made through an order form, proposal or checkout page (an "Order Form"). The Order Form and these Terms together form the agreement, and the Order Form controls where they conflict.
1.1 We provide advertising and lead-generation services for home service businesses. We offer them in packages ("Programs"), which may include some or all of the following: Meta (Facebook and Instagram) campaign strategy, setup and management; ad creative; lead qualification forms; lead follow-up through an AI receptionist; appointment booking; search engine optimization; and reporting (together, the "Services").
1.2 Your Order Form states which Program you purchased and which Services it includes. We only provide the Services listed in your Order Form. Anything else is available as a paid add-on.
1.3 You may upgrade or downgrade your Program with [30] days' written notice. The change takes effect at the start of your next billing cycle.
2.1 Monthly fee. You pay the monthly fee stated in your Order Form, billed in advance on the same date each month by automatic payment.
2.2 Setup fee. If your Order Form includes a one-time setup fee, it is due before work begins and is non-refundable once setup has started.
2.3 Ad Spend. Advertising spend ("Ad Spend") is separate from all fees paid to us. It is billed by Meta directly to the payment method in your own ad account. We never hold or mark up your Ad Spend.
2.4 Minimum Ad Spend. Your Order Form states the minimum monthly Ad Spend for your Program (the "Minimum Ad Spend"). Results depend on spending at least this amount.
2.5 Failed payments. If a payment fails and is not resolved within [5] business days, we may pause the Services until it is.
2.6 Refunds. Fees already paid are non-refundable except as expressly stated in these Terms. The Guarantee in Section 8 provides continued service, not a refund.
2.7 Price changes. We may change our prices for new purchases at any time. We will give existing clients at least [30] days' written notice before a price change applies to them, and prices are fixed during any initial term.
3.1 The agreement starts on the date you accept the Order Form. Its initial term is the period stated in your Order Form, or [3 months] from the Launch Date (defined in Section 8) if none is stated. It then continues month to month.
3.2 After the initial term, either party may cancel with [30] days' written notice.
3.3 We may end the agreement immediately if you materially breach these Terms, fail to pay, or ask us to run advertising that is unlawful or violates Meta's advertising policies.
You agree to:
5.1 You own your ad account, Page, pixel, and all lead and customer data generated for you.
5.2 Once paid for, you may use the final ad creative we produce for you for any purpose.
5.3 We keep ownership of our templates, processes, software, AI receptionist configurations, prompts and know-how, and of any general improvements we develop while serving you.
5.4 You grant us permission to reference your business name and anonymized results in our marketing. Identified results, testimonials or case studies will only be published with your separate written approval.
Advertising results depend on many factors outside our control, including your market, pricing, reviews, sales process, how quickly you follow up, seasonality, competition, and changes to Meta's platform, policies and costs. Apart from the Guarantee in Section 8, we do not promise any specific number of leads, appointments, sales, revenue or return on investment. Results we publish come from specific clients and are not guarantees of your results.
If your Order Form states that your Program includes state exclusivity, then while you are an active client in good standing we will not provide Services to another hardscape company whose primary service area is in the same U.S. state as yours. Exclusivity ends when the agreement ends or if your account is paused for non-payment.
8.1 Eligibility. The Guarantee applies only to Programs your Order Form identifies as guarantee-eligible ("Eligible Programs"). [Currently: the Program(s) that include Meta ad management and AI receptionist lead follow-up.]
8.2 Definitions.
8.3 The guarantee. If, at the end of the Guarantee Period, your Gross Profit is less than your Total Investment, we will continue providing the Services in your Eligible Program at the same scope with the monthly fee waived (the "Extension"). The Extension continues until the end of the month in which your cumulative Gross Profit equals or exceeds your cumulative Total Investment, including Ad Spend during the Extension. After that, the normal monthly fee resumes if you choose to continue, or you may cancel with no further obligation.
8.4 Ad Spend and add-ons during the Extension. You continue to fund at least the Minimum Ad Spend during the Extension. Ad Spend is never waived or refunded. Fees for add-ons outside your Eligible Program are not waived.
8.5 Measurement. Within [7] days after the Guarantee Period ends, we will send you a Breakeven Report showing Gross Profit and Total Investment. If the Extension applies, it starts automatically. During the Extension we update the report monthly.
8.6 Conditions. The Guarantee applies only if, during the Guarantee Period and any Extension, you:
8.7 What voids the Guarantee. The Guarantee does not apply if you breach Section 8.6, if your ad account is restricted because of content or conduct you are responsible for, or if you materially change your services, pricing or service area without telling us.
8.8 Limits. The Guarantee applies once per client and cannot be transferred. [OPTIONAL CAP: The Extension lasts no more than 90 days. If breakeven is not reached by then, either party may end the agreement with no further obligation.]
By giving us your phone number and email, you agree we may contact you by call, text and email about the Services, including by automated technology and artificial or AI-generated voice. Consent is not a condition of purchase. Reply STOP to opt out of texts.
Where your Program includes lead forms or lead follow-up, the forms we build for you include consent language allowing you and your authorized agents, including our AI receptionist, to contact homeowners by call and text. You agree to contact leads only in line with that consent and applicable law, including the TCPA and do-not-call rules, and to honor opt-out requests promptly.
Each party will keep the other's non-public business information confidential and use it only to perform or receive the Services. This does not apply to information that is public, already known, or required to be disclosed by law.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential or lost-profit damages. Our total liability arising from the Services is limited to the fees you paid us in the [3] months before the claim arose. We are not responsible for Meta platform outages, ad account decisions made by Meta, policy changes, or Ad Spend billed by Meta.
You agree to indemnify us against claims arising from your services to homeowners, from materials you provide us, or from your contact with leads. We agree to indemnify you against claims arising from creative we produce that infringes a third party's rights, except where it is based on materials you provided.
Content on the Site is for general information and does not constitute an offer until an Order Form is accepted. You may not copy or misuse the Site. This site is not part of the Facebook website or Meta Platforms, Inc.
These Terms are governed by the laws of [British Columbia, Canada], and the parties submit to the courts of [British Columbia]. We may update these Terms by posting a new version. Changes do not affect pricing during an active initial term or the Guarantee for a Guarantee Period already underway. If any provision is unenforceable, the rest remains in effect.
If you have any questions about these Terms, you can contact us at support@actualizedigital.ca
Actualize Digital (LP)
Effective 2026, September 22nd