(Last updated: July 8, 2025)

Terms of Service ("TOS")

1.1  Acceptance of Terms

By creating an account, accessing, or using any part of the FuturaCMS SaaS platform (the "Service") provided by Futura Digital Inc. ("we", "us", "our"), you (“you”, “Customer”, “Tenant”, or “User”) agree to be bound by these Terms of Service, our Authorized Use Policy (Section 2), and our Privacy Policy (Section 3) (collectively, the "Agreement"). If you do not agree, you may not access or use the Service.

1.2  Eligibility & Account Registration

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for ensuring that your registration information is complete and accurate, maintaining the confidentiality of your credentials, and all activities that occur under your account.

1.3  Description of Service

FuturaCMS is a multi‑tenant, subscription‑based content‑management and marketing platform. The Service enables you to build websites, manage e‑commerce, send notifications, and integrate with third‑party services such as PayPal and Stripe.

1.4  Tenant Responsibilities & Security

• Maintain up‑to‑date contact, billing, and technical information.

• Implement industry‑standard security practices in your own environment (password hygiene, 2‑factor authentication, VPN access, etc.).

• Promptly notify us of any suspected security incident or unauthorized use of your account.

• Comply with all applicable laws and regulations, including but not limited to CASL, GDPR, PIPEDA, and CAN‑SPAM when using email/SMS functionality.

1.5  Fees, Billing & Taxes

Plans, pricing, overage charges, and payment terms are displayed on our website or in your tenant dashboard. All fees are due in the currency stated, exclusive of applicable taxes, which you agree to pay. Failure to pay may result in suspension or termination of the Service.

1.6  Prohibited Conduct

You may not use the Service in any manner that violates Section 2 (Authorized Use Policy), infringes intellectual‑property rights, or disrupts the integrity or performance of the Service.

1.7  Intellectual Property

We retain all right, title, and interest in the Service, including all software, documentation, and trademarks. You retain ownership of content and data you upload (“Customer Content”), but grant us a worldwide, non‑exclusive licence to host, reproduce, display and process Customer Content solely to provide the Service.

1.8  Data Ownership & Portability

Upon written request and subject to verification, we will provide you with a machine‑readable export of your data. After 30 days from termination, we may irreversibly delete your data from backups.

1.9  Service Availability & Support

We aim for 99.9 % monthly uptime, excluding scheduled maintenance and circumstances beyond our reasonable control (force majeure). Support SLAs are outlined on our website or in your order form.

1.10  Third‑Party Services

The Service interoperates with third‑party providers such as PayPal, Stripe, Telnyx, and Google Workspace. Your use of those services is governed solely by the applicable third‑party agreements; we are not responsible for their actions.

1.11  Termination

Either party may terminate the Agreement with 30 days’ written notice, or immediately for material breach. Upon termination, your right to access the Service ceases, and Sections 1.7, 1.8, 1.12–1.16 survive.

1.12  Confidentiality

Both parties agree to safeguard Confidential Information using at least reasonable care and to use it only for purposes of this Agreement.

1.13  Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND TITLE.

1.14  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

1.15  Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, Customer Content, or violation of this Agreement.

1.16  Modifications to the Agreement

We may modify the Agreement by posting the revised version and updating the "Last updated" date. Changes become effective 30 days after posting. Continued use constitutes acceptance.

1.17  Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, except that either party may seek injunctive relief in any court of competent jurisdiction.

1.18  Contact

Futura Digital Inc., 78 Schell Ave, Toronto, ON M6E2S9, Canada.