Terms of Service

Welcome to ARA Creative Lab. These Terms of Service ("Terms") govern your use of our website arasd.com and the services we provide. By accessing or using our services, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our website or services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

1. Acceptance of Terms

By accessing and using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Services Provided

ARA Creative Lab provides a range of digital services including but not limited to:

• Website design and development
• Software development and custom applications
• Mobile application development
• Web hosting and domain services
• IT support and maintenance
• IT consulting services
• Social media management tools
• ELD tracking systems
• Restaurant ordering systems
• Booking and scheduling systems

Specific terms for individual services may be outlined in separate service agreements or project contracts.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your account information remains accurate and up to date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Payment Terms

Pricing and Fees

Pricing for our services is outlined in project proposals, service agreements, or on our website. All prices are in Canadian Dollars (CAD) unless otherwise specified.

Payment Schedule

• Custom projects typically require a deposit before work begins
• Subscription services are billed monthly or annually as specified
• Invoices are due within 30 days of issuance unless otherwise agreed
• Late payments may incur interest charges and service suspension

Refund Policy

Refund eligibility depends on the specific service and circumstances. Custom development work is generally non-refundable once work has commenced. Subscription services may be eligible for prorated refunds within the first 14 days.

5. Intellectual Property Rights

Our Property

The website, services, and all content, features, and functionality are owned by ARA Creative Lab and are protected by international copyright, trademark, and other intellectual property laws.

Client-Specific Work

Upon full payment for custom development work, you will receive the agreed-upon license or ownership rights as specified in your project agreement. Until full payment is received, all work product remains the property of ARA Creative Lab.

Third-Party Content

You are responsible for ensuring you have the necessary rights to any content, images, or materials you provide to us for use in your project.

6. Acceptable Use Policy

You agree not to use our services for any unlawful purpose or in any way that:

• Violates any applicable laws or regulations
• Infringes on the rights of others
• Distributes malware, viruses, or harmful code
• Engages in fraudulent or deceptive practices
• Harasses, abuses, or harms others
• Attempts to gain unauthorized access to our systems
• Interferes with or disrupts our services
• Uses automated systems to scrape or collect data

7. Service Availability and Support

While we strive to provide reliable services, we do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Perform scheduled and emergency maintenance
• Modify or discontinue services with reasonable notice
• Update or change features and functionality
• Implement security measures as needed

Support availability and response times vary by service level. Premium support options are available for enterprise clients.

8. Limitation of Liability

To the maximum extent permitted by law, ARA Creative Lab shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content
• Damages exceeding the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

9. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or completeness of content

We warrant that custom work will be performed in a professional and workmanlike manner consistent with industry standards.

10. Indemnification

You agree to indemnify, defend, and hold harmless ARA Creative Lab, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Termination

Either party may terminate the service relationship:

• By Client: Cancel subscription services with 30 days written notice
• By Us: Suspend or terminate services immediately for Terms violations
• By Agreement: Complete ongoing projects and close accounts by mutual agreement

Upon termination, you remain responsible for any outstanding fees. We may retain your data according to our data retention policies and legal requirements.

12. Confidentiality

We respect the confidentiality of information shared during our business relationship. Both parties agree to protect confidential information and not disclose it to third parties without consent, except as required by law or to fulfill service obligations.

13. Dispute Resolution

In the event of a dispute:

1. Parties will first attempt to resolve disputes through good-faith negotiation
2. If unresolved within 30 days, disputes may be submitted to mediation
3. Any legal action must be brought in the courts of Alberta, Canada
4. These Terms are governed by the laws of Alberta and Canada

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on our website. Continued use of our services after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and ARA Creative Lab
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control