Terms of Service

These Terms of Service ("Terms") govern your access to and use of horazora.ca (the "Site") and the services provided by HoraZora, a sole proprietorship based in Quebec ("HoraZora," "we," "us," "our"). By accessing the Site, submitting one of our forms, or entering into a services engagement with us ("Client," "you"), you agree to these Terms. If you do not agree, do not use the Site or Services.

1. Description of Services

HoraZora builds business websites and automated systems that help trade and service businesses respond to potential customers, including: an automatic text message to callers whose call was missed, an assistant that answers basic questions by text and offers an appointment time, an instant reply to website form leads, booking on the Client's calendar, text alerts to the Client, and, in higher plans, review requests, reactivation of past customers and an AI voice receptionist, as well as custom AI agents and automations quoted per project (together, the "Services"). The plan, scope and price for each Client are set out in a proposal, order form or services agreement (an "Order"), which forms part of these Terms. If an Order conflicts with these Terms, the Order governs.

1A. Free Audit

The free audit is a call of about 15 minutes followed by a one-page report sent by email, usually within 2 business days. It is general information based on what you tell us and on public sources. It is free, it creates no obligation for either party, and it is not a guarantee of any result.

2. Eligibility

The Services are intended for businesses and their authorized representatives, not individual consumers. By using the Site or Services, you represent that you are at least 18 years old and authorized to bind the business you represent.

3. Client Responsibilities

As a Client, you agree to:

• provide accurate information about your business (services, hours, service area, booking rules) and the content needed for your website (logo, photos, list of services);
• set up call forwarding on your phone line when required, so that missed calls reach the system (your carrier may charge for forwarding);
• ensure that messages sent on your behalf, including any messages to your past customers, comply with Canada's Anti-Spam Legislation (CASL), Quebec's privacy law, PIPEDA and other applicable laws, including having valid consent or an existing business relationship where required;
• review the messages and assistant settings HoraZora shows you before they go live, and tell us promptly about any error;
• use the Services only for lawful business purposes and not to harass, deceive, or defraud any person; and
• promptly tell HoraZora about any complaint, opt-out request, or regulatory inquiry you receive about messages sent through the Services.

4. Fees and Payment

Website and missed-call plan. Unless an Order says otherwise, this plan costs $497 per month plus applicable taxes, if any, with no setup fee and no minimum term: it runs month to month. Other plans are priced in the Order.

First month and refund (website and missed-call plan). You pay the first month through Stripe (card or pre-authorized bank debit) when you sign, before we start. We build the system and show it to you working. If, after that demonstration, you don't think it would work for your business, tell us within 14 days of your first payment (30 days for founding clients, as stated in their Order; if the demonstration takes place more than 7 days after that payment, the time runs from the demonstration instead) and we refund the first month in full, plus any month charged since. If you keep it, the plan continues month to month until either party ends it (Section 11).

Billing. Fees are billed monthly as set out in the Order and are due on the date stated there. Late payments may bear interest at the maximum rate permitted by law, and HoraZora may pause the Services until an overdue amount is paid.

Third-party costs. Your phone carrier's charges (for example, for call forwarding) are yours. Any other third-party cost passed on to you is stated in the Order.

5. Websites

When your plan includes a website, the following applies unless the Order says otherwise:

• the website has 1 to 5 pages in French and English, sized to your business;
• it goes live within 7 days of receiving your logo, photos and list of services;
• two rounds of changes are included at launch, then small edits while your plan is active;
• the domain is registered in your name and belongs to you;
• hosting is included while your plan is active; and
• if you leave after the refund period, the website files are yours at no cost; if you take the refund, the website goes offline when your plan ends.

6. Intellectual Property

Your content and data. You keep all rights in your business name, logo, photos, text and other materials you give us, and in your customers' and leads' information ("Client Data"). You grant HoraZora a limited license to use them only to provide the Services.

HoraZora property. HoraZora keeps all rights in its software, automations, assistant instructions, templates, methods and know-how ("HoraZora IP"), and in the website files it creates, until they are handed over to you under Section 5. Nothing in these Terms transfers HoraZora IP to you.

7. Automated Messages and AI

The Services use automation and artificial intelligence, which can make mistakes despite reasonable safeguards. Each first text names your business and says it comes from an automated assistant, and recipients can reply STOP at any time. HoraZora does not guarantee any number of calls, replies, bookings or revenue. You are responsible for reviewing messages and settings when we show them to you, and for telling us promptly about any issue.

8. Confidentiality

Each party agrees to protect the other's confidential information disclosed in connection with the Services using at least the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as needed to perform the Services or as required by law.

9. Disclaimers and Limitation of Liability

THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS STATED IN THESE TERMS OR AN ORDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HORAZORA'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY THE CLIENT TO HORAZORA IN THE THREE (3) MONTHS PRECEDING THE CLAIM. HORAZORA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, EVEN IF ADVISED OF THE POSSIBILITY.

10. Indemnification

You agree to indemnify and hold HoraZora harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of applicable law (including anti-spam or privacy law in connection with your customers and contacts), or your misuse of the Services.

11. Term and Termination

These Terms remain in effect while you use the Site or receive Services. Either party may end a monthly plan with 30 days' written notice (email is enough), unless the Order says otherwise. HoraZora may suspend or end access to the Site or Services immediately for conduct that violates these Terms or applicable law. When a plan ends, we give you a copy of your Client Data on request, and Section 5 applies to the website files.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the courts located in Quebec, Canada, for any dispute not otherwise resolved through good-faith negotiation.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated "Effective date." Changes do not alter the price or term of a plan you have already signed.

14. Contact

Questions about these Terms can be directed to jeffrey@horazora.ca.

HoraZora (sole proprietorship, NEQ 2282607037) — Quebec, Canada