Terms of Use

These Terms of Use govern access to and use of the website at pitchmotion.pro and, where incorporated by reference or not replaced by a separate written agreement, the provision of services by PitchMotion Inc. In these terms, "PitchMotion," "we," "us," and "our" mean PitchMotion Inc., an Ontario-based Canadian digital marketing agency. "Client," "you," and "your" mean the person or organization accessing the website, requesting information, accepting a proposal, signing a statement of work, or receiving services from us. Our office is located at 45 O'Connor Street, Suite 1600, Ottawa, ON K1P 1A4, Canada.

Please read these terms carefully. By accessing the website, submitting a form, requesting a proposal, accepting a quote, approving a statement of work, paying an invoice, or otherwise engaging PitchMotion, you agree to be bound by these terms and by any additional written terms that apply to a particular engagement. If you do not agree, you should not use the website or request services. If you accept these terms on behalf of an organization, you represent that you have authority to bind that organization.

Relationship to Written Agreements

Many PitchMotion engagements are governed by a proposal, master services agreement, statement of work, order form, change order, or other written document. If there is a conflict between these website terms and a signed agreement, the signed agreement will control for the conflicting subject matter. These terms continue to apply to website use, general legal provisions, and matters not addressed in the signed agreement. Email approvals, online approvals, invoice payments, or other written confirmations may evidence acceptance of a scope or change where the parties have not signed a separate document.

Services Description

PitchMotion provides digital marketing, brand positioning, campaign strategy, content planning, creative direction, media planning, paid advertising support, landing page strategy, conversion optimization, analytics, reporting, copywriting, marketing operations, and related consulting or implementation services. Services may include recommendations, creative concepts, campaign materials, dashboards, account audits, audience research, search or social advertising support, email marketing workflows, website content, testing plans, and advisory sessions. The precise services, deliverables, milestones, fees, timelines, assumptions, and exclusions will be described in the applicable proposal or statement of work.

Unless expressly stated otherwise, PitchMotion is not a law firm, accounting firm, financial adviser, tax adviser, broker, insurer, or regulated investment adviser. Marketing, positioning, analytics, and growth strategy recommendations are business recommendations based on information available at the time. You remain responsible for reviewing deliverables, obtaining legal or regulatory advice where needed, approving claims, complying with industry rules, and deciding whether to implement any recommendation.

Website Use

You may use the website for lawful informational and business purposes. You must not interfere with the operation or security of the website, attempt unauthorized access, introduce malware, scrape content at scale, use automated systems in a way that burdens the site, impersonate another person, submit false or misleading information, or use the website for unlawful, infringing, abusive, or deceptive purposes. We may suspend or restrict access to the website if we believe use violates these terms, threatens security, infringes rights, or creates legal or operational risk.

Fees, Invoices, and Payment in CAD

Fees are quoted and payable in Canadian dollars unless a written agreement states otherwise. Fees may be fixed, retainer-based, hourly, project-based, milestone-based, performance-informed, or otherwise structured as described in the applicable scope. Taxes, media spend, software licences, stock assets, printing, production costs, travel, research incentives, third-party platform fees, and other pass-through expenses are not included unless expressly stated. You are responsible for applicable taxes and approved expenses.

Invoices are due according to the payment terms stated on the invoice or in the applicable agreement. If no payment period is stated, invoices are due upon receipt. Late amounts may result in suspension of services, withholding of deliverables, pausing of campaigns, revised timelines, or collection activity. We may require deposits, prepayment, credit card authorization, or replenishment of a media or expense account before beginning or continuing work. Payment disputes must be raised promptly and in good faith; undisputed amounts remain payable when due.

Client Responsibilities

Successful marketing work depends on timely client participation. You agree to provide accurate information, access to relevant systems, approvals, brand materials, data, product details, policies, offer terms, audience insights, technical contacts, and feedback reasonably needed for the services. You are responsible for the accuracy, legality, and substantiation of claims about your organization, products, pricing, guarantees, promotions, professional credentials, regulated activities, testimonials, and comparative statements. You must maintain lawful privacy notices, consents, unsubscribe mechanisms, platform permissions, and customer data rights for information you provide to us or authorize us to process.

Delays in approvals, content, access, feedback, payments, or third-party decisions may affect timelines, budgets, and results. If you request changes outside the approved scope, we may issue a change order or revised estimate. If your business operates in a regulated industry, you are responsible for identifying applicable requirements and obtaining review by qualified advisers before publication or campaign launch.

Marketing Outcomes Disclaimer

PitchMotion does not guarantee revenue, profit, return on investment, rankings, traffic volume, lead volume, conversion rate, customer acquisition cost, platform approval, media pricing, account access, search engine placement, social media reach, or any specific campaign outcome. Marketing performance depends on many factors outside our control, including market demand, competition, budget, offer strength, sales follow-up, pricing, seasonality, platform policies, website performance, data quality, audience behaviour, macroeconomic conditions, and client implementation. Forecasts, benchmarks, projections, and estimates are planning tools only and are not promises of results.

We will use commercially reasonable skill and care in providing services, but you acknowledge that advertising platforms, search engines, social networks, email providers, analytics tools, browsers, privacy settings, and third-party technologies may change their rules, interfaces, algorithms, measurement methods, or availability without notice. These changes may affect campaign delivery, attribution, reporting, cost, and performance.

Intellectual Property

The website, including text, graphics, design, layout, logos, images, code, and other materials, is owned by or licensed to PitchMotion and is protected by intellectual property laws. You may view the website for ordinary business purposes, but you may not copy, modify, distribute, sell, frame, reverse engineer, or exploit website materials except as permitted by law or with our written consent.

For client deliverables, ownership and licence terms are set out in the applicable agreement. Unless otherwise stated, PitchMotion retains ownership of pre-existing materials, know-how, methodologies, templates, processes, frameworks, working files, unselected concepts, internal tools, and reusable components. Upon full payment of all amounts due for the relevant deliverable, the client receives the rights expressly granted in the agreement for approved final deliverables. Third-party materials, open-source software, fonts, plug-ins, stock assets, platform tools, and licensed materials remain subject to their own licence terms. We may use de-identified learnings, general skills, and non-confidential know-how gained through an engagement.

Client Materials and Approvals

You represent that you have all rights, permissions, licences, consents, and authority needed to provide materials, data, trademarks, content, images, testimonials, customer information, advertising accounts, analytics accounts, and platform access to PitchMotion. You grant us a limited licence to use those materials as needed to provide services. You are responsible for reviewing and approving deliverables before launch or publication. Approval may be provided by email, project management comment, meeting confirmation, platform approval, payment, or another reasonable method. Once approved, you are responsible for the consequences of publication, use, and distribution, subject to our obligations under the applicable agreement.

Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, financial, marketing, product, customer, pricing, strategy, credential, and operational information that a reasonable person would understand to be confidential. Each party agrees to use confidential information only for the purposes of the relationship, to protect it with reasonable care, and to disclose it only to personnel, contractors, advisers, or service providers who need to know it and are bound by appropriate obligations. Confidentiality obligations do not apply to information that is public through no fault of the receiving party, already known without restriction, independently developed, lawfully received from a third party, or required to be disclosed by law.

Privacy and Data

Our handling of personal information is described in our Privacy Policy. When you provide personal information to us, you represent that you have provided all required notices and obtained all required consents or other authority. Where we process personal information for you as a service provider, you remain responsible for determining lawful purposes, responding to individual rights requests, and maintaining the accuracy and legality of the data. We may decline to process information if we believe doing so would create privacy, security, legal, or reputational risk.

Limitation of Liability

To the maximum extent permitted by applicable law, PitchMotion will not be liable for indirect, incidental, consequential, special, punitive, exemplary, or aggravated damages, or for lost profits, lost revenue, lost business, loss of goodwill, loss of data, platform suspension, advertising disapproval, search ranking changes, or business interruption, even if advised of the possibility of such damages. To the maximum extent permitted by law, our aggregate liability arising out of or relating to the website, these terms, or services will not exceed the fees paid by you to PitchMotion for the specific services giving rise to the claim during the three months before the event giving rise to liability. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless PitchMotion, its directors, officers, employees, contractors, and agents from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these terms, your materials, your products or services, your instructions, your violation of law, your misuse of the website, your failure to obtain required consents, or claims that content or materials supplied by you infringe or violate third-party rights. We will give you reasonable notice of a claim and may participate in the defence with counsel of our choice.

Termination and Suspension

Either party may terminate services as stated in the applicable agreement. If no termination provision applies, either party may terminate ongoing services on written notice, but the client remains responsible for fees, approved expenses, committed media, third-party costs, and work performed up to the effective termination date. We may suspend services immediately if payment is overdue, required access is not provided, continuing work would create legal or security risk, a platform account is compromised, or a client instruction appears unlawful, misleading, unsafe, or inconsistent with platform requirements. Termination does not affect rights or obligations that by their nature should survive, including payment, confidentiality, intellectual property, limitation of liability, indemnity, and dispute provisions.

Force Majeure

Neither party will be responsible for delay or failure to perform caused by events beyond reasonable control, including natural disasters, extreme weather, fire, flood, labour disruption, power failure, internet or hosting outage, cyber incident, epidemic, war, terrorism, civil unrest, government action, supply chain disruption, platform outage, or failure of a third-party service. The affected party will use reasonable efforts to resume performance. Payment obligations for work already performed are not excused by force majeure.

Dispute Resolution and Governing Law

These terms and any dispute arising out of or relating to the website or services are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law rules. The parties will first attempt to resolve disputes through good-faith business discussions. If a dispute cannot be resolved informally, the parties agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, unless a signed agreement requires a different process. You waive any objection to venue or forum in those courts.

General Provisions

You may not assign these terms or a service agreement without our written consent, except as part of a merger, acquisition, reorganization, or sale of substantially all assets where the assignee assumes the obligations. We may assign these terms in connection with a business transaction or to an affiliate or successor. If any provision is found unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be interpreted to best accomplish its intended purpose. A waiver must be in writing and will not be a continuing waiver unless stated. These terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship except as expressly stated. Notices may be sent to the contact information provided by the parties. We may update these terms by posting a revised version on this page; changes apply prospectively unless otherwise required by law or agreed in writing.