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Terms of Service

Updated on April 28, 2026

1. Acceptance of Terms

By accessing or using digicatalyst.ca and the services provided by Kaustubh Ghodke o/a DigiCatalyst Systems ("I," "me," or "the practice"), you agree to these Terms of Service ("Terms"). If you do not agree, please do not use the site or services.

2. Geographic Restrictions and Eligibility

The site and services are intended for individuals and businesses located in Canada (excluding the province of Quebec) and the United States. I make no representation that the site or services are appropriate, legal, or available for use elsewhere — including the European Union, the United Kingdom, or the province of Quebec. If you access the site from outside the permitted areas, you do so at your own initiative and are solely responsible for compliance with local laws. I reserve the right to refuse service or terminate accounts for users outside the permitted jurisdictions.

3. Description of Services

The practice provides two productized services as of the last-updated date:

  • A0 — Website Design: a fixed-price 5-page website build delivered in two weeks, with custom scopes available.
  • A1 — Missed-Call SMS Recovery: a managed missed-call text-back system using Twilio, Cal.com, and a tuned question script. Monthly or yearly subscription with a one-time setup fee.

Specific deliverables, timelines, pricing, and refund terms are documented in the Statement of Work or service agreement signed at the start of each engagement.

4. User Responsibilities and Acceptable Use

When using the site or interacting with me, you agree not to:

  • Use the services for unlawful, fraudulent, or malicious purposes.
  • Attempt to reverse-engineer, decompile, or hack the site, the productized scripts, or the underlying infrastructure.
  • Submit false or misleading information through any form, email, or booking flow.
  • Use the email or booking interfaces to transmit spam, malware, or abusive content.

5. Artificial Intelligence and Third-Party Dependencies

The services use AI assistants (Claude), workflow automation (n8n), SMS infrastructure (Twilio), booking infrastructure (Cal.com), and other third-party APIs. By using the services, you acknowledge:

  • Probabilistic AI output: AI systems generate responses based on training and inputs, not deterministic rules. Responses are tuned and tested for the productized scripts but cannot be guaranteed 100% accurate at all times.
  • Third-party uptime: the services depend on third-party infrastructure I do not own. I am not liable for service interruptions, latency, or policy changes from those providers — though I will work in good faith to mitigate them when they happen.
  • Output and intellectual property: AI-generated output (a text-back response, a draft email) may resemble outputs generated for other users or content found elsewhere. You are responsible for ensuring the output you publish or send does not infringe a third party's intellectual property.

6. Intellectual Property

  • My IP: the productized scripts, workflow templates, n8n configurations, and pre-existing software components I bring to your engagement remain my intellectual property.
  • Your IP: you retain full ownership of your brand assets, customer data, and any content you provide.
  • License: upon full payment of setup fees and any applicable monthly fees, I grant you a non-exclusive, non-transferable license to use the deliverables produced for your business, as documented in your Statement of Work.
  • A0 source files: for A0 builds specifically, the full source code repository is handed over at launch and is yours to keep, modify, and host elsewhere.

7. Payment and Subscription Terms

  • Currency: all prices on the site and in agreements are in Canadian Dollars (CAD) unless explicitly noted otherwise.
  • Taxes: Ontario HST (13%) is added on top of listed prices for Ontario clients (BN 779120153 RT0001). Out-of-Ontario Canadian clients are charged your provincial sales tax where applicable. US clients pay no Canadian tax.
  • A1 fees: $349/mo CAD or $3,490/yr CAD subscription, plus a $750 one-time setup fee. The setup fee is invoiced at the start of onboarding; monthly billing kicks off the day the system goes live in your inbox.
  • A0 fees: the productized package starts at $1,999 CAD; custom builds quoted from $4,999 CAD. A0 invoicing is 50% on kickoff and 50% on launch.
  • A1 refunds: within the first 30 days of A1 going live, full refund of the first month and the setup fee on request, no clawback. After 30 days, A1 is month-to-month with no lock-in.
  • A0 refunds: A0 setup fees are generally non-refundable once design work has begun. If I cannot deliver the agreed scope within the agreed timeline due to my own failure, refund terms are documented in the SOW.
  • Late payments: failure to pay monthly A1 fees when due may result in suspension of the service. I reserve the right to charge a late fee of 1.5% per month (or the maximum permitted by law) on past-due balances.

8. Disclaimer of Warranties

The site and services are provided "as is" and "as available." To the maximum extent permitted by Canadian law, I disclaim all warranties — express or implied — including warranties of merchantability, fitness for a particular purpose, and non-infringement. I do not warrant that the services will produce specific revenue figures, lead volumes, or conversion rates unless explicitly guaranteed in writing in a signed SOW. The 30-day money-back guarantee on A1 is contractually binding; everything else is on a best-effort basis.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Kaustubh Ghodke o/a DigiCatalyst Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues — whether incurred directly or indirectly — or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use of, or inability to use, the services.
  • Errors, mistakes, or inaccuracies in AI-generated output.
  • Unauthorized access to or use of servers and any personal information stored therein.

In no event shall my aggregate liability for all claims related to the services exceed the total amount paid by you to me in the three (3) months preceding the claim.

10. Termination

I reserve the right to suspend or terminate your access to the site or services for conduct that violates these Terms or harms other users, me, or third parties.

Survival: provisions of these Terms that by their nature should survive termination — ownership, warranty disclaimers, indemnity, limitations of liability — survive termination.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Legal action arising under these Terms shall be brought exclusively in the courts located in Toronto, Ontario, and you consent to personal jurisdiction and venue therein.

Dispute resolution and arbitration: any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding arbitration in Toronto, Ontario, before one arbitrator.

Class action waiver: you and Kaustubh Ghodke o/a DigiCatalyst Systems agree that any dispute resolution proceedings will be conducted only on an individual basis, not as a class, consolidated, or representative action. You expressly waive any right to a jury trial.

Indemnification: you agree to defend, indemnify, and hold harmless Kaustubh Ghodke o/a DigiCatalyst Systems from any claims, damages, obligations, losses, liabilities, costs, or debt — including reasonable attorney's fees — arising from (i) your use of and access to the services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including any copyright, property, or privacy right; or (iv) any claim that your use of the services caused damage to a third party. This obligation survives these Terms and your use of the services.

Severability: if any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so the remaining Terms remain in effect and enforceable.

12. Changes to These Terms

I may update these Terms at any time. Material changes will be reflected by an updated "Last updated" date at the top of this page. Continued use of the site or services after such changes constitutes acceptance of the updated Terms.

13. Contact

For questions or concerns about these Terms, contact:

Kaustubh Ghodke o/a DigiCatalyst Systems

Email: hello@digicatalyst.ca

BN: 779120153 RT0001

Toronto, Ontario, Canada