Terms of Service

01Acceptance of these Terms

These Terms of Service (the "Terms") govern your access to and use of the websites, audits, reports, services, and software offered under the Brand Converts™ brand (collectively, the "Services"). By purchasing, subscribing to, or otherwise using any of the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms, and "you" refers to both you and that business.

If you do not agree to these Terms, do not purchase or use the Services.

02Who we are

The Services are operated by DACS DYNAMO-KIN Inc., a corporation incorporated under the laws of Canada, doing business as Digital Nuclei (registered in Ontario). Brand Converts™ is a product line of Digital Nuclei. Throughout these Terms, "Brand Converts," "we," "us," and "our" refer to DACS DYNAMO-KIN Inc. and Digital Nuclei.

03Eligibility

The Services are intended for businesses and the individuals who operate them. To use the Services, you must:

• Be at least 18 years old and able to enter into a binding contract
• Operate or be authorized to act on behalf of a lawful business
• Provide accurate, complete, and current information when requested
• Not be barred from receiving the Services under applicable law

04Services we offer

Brand Converts offers digital marketing services focused on Google Business Profile optimization, digital trust auditing, and related online presence work. The current Services include:

• Free Audits — complimentary diagnostic reports we may produce for prospective clients at our discretion
• Deep Audits — paid one-time diagnostic reports (including the Deep Digital Trust Audit and Deep GBP Audit)
• POWER UP! Plan — monthly subscription for ongoing Google Business Profile management
• DOMINATE! Plan — premium monthly subscription with expanded scope
• Optional add-ons — including AI Lead Agent and other supplementary services

We may add, change, or discontinue Services at any time. The specific scope of any Service you purchase is described on the relevant page of our website or in a separate written agreement, and that description controls if it conflicts with this general overview.

05Fees, payment, and billing

All fees are stated in U.S. dollars (USD) unless otherwise indicated. Prices are exclusive of any applicable taxes, which are your responsibility unless we are required by law to collect them.

Payments are processed by Stripe, Inc. ("Stripe"). By providing payment information, you authorize us and Stripe to charge that payment method for all fees you owe. You agree to keep your payment information accurate and current.

If a payment fails or is reversed, we may suspend or terminate your access to the Services until the amount is paid. You remain responsible for all amounts owed plus any costs we incur to collect them, including reasonable legal fees.

Chargebacks

If you dispute a charge with your card issuer rather than contacting us first, we reserve the right to terminate the Services immediately and to provide our records, including these Terms and proof of delivery, to your card issuer or any payment network.

06Audits and one-time services

Audits are digital diagnostic products delivered electronically (typically as a PDF, JPEG, or web page) within the timeframe stated at checkout. The standard delivery target for Deep Audits is five business days from receipt of payment, unless a different timeframe is stated on the relevant product page.

Audits are based on publicly available information and information you provide. They reflect our professional opinion as of the date of delivery and are not legal, tax, financial, or other regulated professional advice.

07Subscription plans

Subscription plans (including POWER UP! and DOMINATE!) are billed in advance on a recurring basis at the interval stated at checkout (typically monthly). By subscribing, you authorize us to charge your payment method automatically on each billing date until you cancel.

We may change subscription pricing on renewal. We will give you reasonable notice (typically at least 30 days) before any price increase takes effect, and you may cancel before the new price applies if you do not wish to continue.

Some subscription plans include a one-time setup fee in addition to the recurring fee. Setup fees are charged at the time the subscription begins and are non-refundable once setup work has commenced.

08Free trials

From time to time we may offer a free trial period at the start of a subscription. To start a trial, you must provide a valid payment method, which will be charged automatically when the trial ends unless you cancel before that date.

Trials are limited to one per business and are not available to customers who have previously held a paid subscription on the same plan.

09Cancellation and refunds

You may cancel a subscription at any time by contacting us at support@brandconverts.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Services through that period and will not be charged for the next period.

Except where required by law or expressly stated otherwise in these Terms or in writing from us:

• Audit fees are non-refundable
• Subscription fees already paid for the current billing period are non-refundable
• Setup fees are non-refundable once setup work has commenced

The only contractual remedy for unsatisfactory performance on a subscription plan is described in Section 10 (90-day performance guarantee).

1090-day performance guarantee

For active POWER UP! and DOMINATE! subscribers, we offer the following performance guarantee, subject to the conditions below:

The promise. If your Google Business Profile does not show a measurable lift of at least 25% (measured by total profile views, profile interactions, or a comparable Google-reported metric we agree on at the start of the engagement) within 90 days of the start of paid service, we will provide your fourth month of service free of charge.

Conditions. The guarantee applies only if all of the following are true throughout the 90-day period:

• You complete at least 80% of the weekly client tasks we assign (typically requiring approximately 30 minutes per week)
• You provide and maintain timely access to your Google Business Profile and any other accounts reasonably required to perform the Services
• You respond to our communications within three business days
• You do not make changes to your Google Business Profile or related listings outside of our scope without notifying us first
• Your account is in good standing (all invoices paid, no chargebacks)

The free fourth month is the sole and exclusive remedy under this guarantee. The guarantee does not extend to refunds of fees already paid.

11Your responsibilities

To get value from the Services, you agree to:

• Provide accurate information about your business, products, and services
• Grant the access required to perform the Services
• Respond to our communications within a reasonable timeframe
• Comply with the rules and policies of any third-party platforms (including Google's Business Profile policies)
• Not ask us to engage in deceptive, fraudulent, or policy-violating practices on your behalf

We may decline to perform any task we reasonably believe would violate applicable law or third-party platform policies, and our refusal to do so is not a breach of these Terms.

12Account access and credentials

If you grant us access to a Google Business Profile, website, social media account, or similar platform, you represent that you are authorized to grant that access. You are responsible for changing or revoking credentials when our engagement ends. We will keep credentials confidential and use them solely to perform the Services.

13Intellectual property

Our IP. Our websites, audits, templates, methodologies, software, brand assets, and all related intellectual property are owned by us (or our licensors) and are protected by Canadian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the deliverables we provide for your internal business purposes only.

You may not copy, redistribute, sublicense, or resell our audit templates, methodologies, or other intellectual property, in whole or in part, without our prior written consent.

Your IP. Anything you provide to us (including your business name, logos, photographs, written content, and customer information) remains yours. You grant us a limited license to use it solely as needed to perform the Services.

Improvements and learnings. We may use anonymized, aggregated insights from our work with you to improve our Services and to inform other engagements, provided this does not disclose your confidential information or identify you or your business.

14Confidentiality

If you share information with us that a reasonable person would understand to be confidential, we will not disclose it to third parties except to perform the Services, comply with the law, or with your consent. This obligation continues for two years after our engagement ends.

15Disclaimers

Except for the express performance guarantee in Section 10, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. We do not warrant that:

• The Services will produce any specific business outcome (revenue, calls, leads, rankings, traffic, conversions, or otherwise)
• Any third-party platform (including Google, Stripe, Formspree, or Netlify) will function without interruption or error
• Search rankings, profile metrics, or algorithm-driven outcomes will reach any specific level
• The Services will be uninterrupted, timely, secure, or error-free

Search engine and platform algorithms change frequently and are outside our control. Past results do not guarantee future performance.

16Limitation of liability

To the maximum extent permitted by law, our total cumulative liability arising out of or relating to these Terms or the Services, regardless of the theory of liability, is limited to the greater of (a) the total amount you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

In no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the smallest amount permitted by law.

17Indemnification

You agree to defend, indemnify, and hold harmless DACS DYNAMO-KIN Inc., Digital Nuclei, and our directors, officers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) the content or accuracy of information you provided to us.

18Termination

You may stop using the Services at any time and cancel any subscription as described in Section 9.

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, failed to pay amounts owed, made fraudulent claims, asked us to engage in unlawful or policy-violating activity, or otherwise put us at risk.

Sections that by their nature should survive termination (including IP, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.

19Governing law and disputes

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Before starting any formal proceeding, you and we agree to first attempt to resolve any dispute informally by contacting us at support@brandconverts.com. If we cannot resolve the dispute within 30 days of written notice, you and we agree that the courts located in Toronto, Ontario have exclusive jurisdiction over any claims arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction in those courts.

20Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel as described in Section 9.

21Contact us

Questions about these Terms? Get in touch.