These Terms of Service ("Terms") govern your use of this website and related services provided by Mohammad Bashardoust ("we," "our," or "us"). By accessing or using this website, you agree to be bound by these Terms. If you do not agree, you must not use the website.
1. Services
We provide web development, consulting, and related digital services through this website. We reserve the right to add, modify, or discontinue services at any time with reasonable notice.
2. Data Ownership
- Client data: Clients retain ownership of their original source data as provided by or collected from third-party platforms.
- Platform outputs: We own the dashboards, analytics outputs, visualizations, and derivative works generated within the platform.
- License grant: By using the platform you grant us a limited, non-exclusive license to process your data solely for the purpose of delivering the services.
3. Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to misuse our services, including but not limited to:
- Attempting unauthorized access to systems, accounts, or data.
- Reverse engineering, decompiling, reselling, or redistributing our platform or its outputs.
- Uploading, transmitting, or storing unlawful, malicious, or harmful content.
- Using the platform to violate any applicable law or third-party right.
- Interfering with or disrupting the integrity or performance of the platform.
4. Third-Party Services
We rely on third-party platforms and APIs for data integration. We make no guarantees regarding the accuracy, completeness, timeliness, or availability of third-party data, and we disclaim all liability for errors, delays, or outages originating from those platforms. Your use of any integrated third-party service is also subject to that service's own terms and privacy policies.
Note on third-party outages: If a connected platform (e.g. Google Analytics) experiences an outage, some dashboard data may be delayed or unavailable. We are not responsible for such interruptions and will not issue credits solely due to third-party platform downtime.
5. Fees and Refunds
- Subscription fees and pricing are as set out on our pricing page or in your order confirmation.
- All fees are billed in advance and are non-refundable, except in cases where we are proven to be at fault for a material service failure.
- Where a refund is warranted, it will be issued in the form of service credits applied toward future use, unless otherwise required by applicable law.
- You are responsible for all applicable taxes arising from your purchase.
6. Termination
Either party may terminate access to the platform at any time. We may suspend or terminate your account immediately, with or without notice, if:
- You fail to pay fees when due and the failure continues for more than 7 days after written notice.
- You misuse the platform or materially violate these Terms.
- You engage in unlawful, fraudulent, or abusive activity.
Upon termination, your access to dashboards, reports, and platform outputs will end. You may export your source data prior to termination; We will retain data for 30 days following termination, after which it may be permanently deleted.
7. Disclaimers and Liability
Please read this section carefully. It contains important limitations on our liability to you.
- We provide services "as is" and "as available" without warranty of any kind.
- We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or goodwill.
- Our total liability to you for any claim arising out of or related to these Terms or the services, regardless of the form of action, is limited to the total fees paid by you to us in the twelve (12) months immediately preceding the claim.
- Some jurisdictions do not allow certain limitations on liability; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. This is subject to any mandatory consumer protection laws that apply in your jurisdiction, including those applicable in the United States, Canada, and the European Union.
Any dispute arising from these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Vancouver, British Columbia, unless otherwise required by applicable law.
9. Changes to Terms
We may modify these Terms at any time by posting an updated version on our website. We will provide reasonable advance notice of material changes — typically at least 14 days — via email or an in-platform notification. Continued use of the service after the effective date of changes constitutes your acceptance of the revised Terms.
If you do not agree with a change, you may terminate your account before the change takes effect.
10. Contact
If you have any questions about these Terms, please contact us:
Mohammad Bashardoust
703 – 1600 Hornby Street
Vancouver, BC, Canada
V6Z 2S4