Last updated: June 26, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Bryx Digital ("Company," "we," "our," or "us") governing your access to and use of our website at bryxdigital.com, as well as your engagement of our digital marketing, advertising, lead generation, and workflow automation services (collectively, the "Services").
By executing a service agreement, submitting payment, or using our website, you confirm that you are at least 18 years of age, possess the legal authority to bind your business entity, have read and understood these Terms, and agree to be bound by them.
2. Description of Services
Bryx Digital is a digital marketing and growth agency specializing in local trade industries (such as HVAC, Roofing, and Plumbing). Our Services may include, but are not limited to: running paid advertising campaigns (e.g., Meta Ads, Google Ads), building landing pages and lead conversion funnels, implementing internal lead management/CRM snapshot tracking systems, setting up automated follow-ups, and building custom marketing workflows.
3. Account and Asset Access
To allow Bryx Digital to perform its Services, you may be required to grant us administrative or partner access to your business assets, including but not limited to: Google Business Profile, Meta Business Manager, Google Ads accounts, website hosting portals, and CRM tools.
- You maintain ownership of your underlying business assets.
- You are responsible for maintaining the security of your own credentials and accounts.
- You agree to promptly provide the access and digital creative materials (logos, project photos, pricing info) necessary for us to fulfill our Services.
4. Service Rates, Billing, and Onboarding
4.1 Onboarding & Setup Fees
All new marketing campaigns require a one-time, non-refundable Bryx Digital Setup & Strategy Fee (unless explicitly waived in writing). This fee covers technical work that begins immediately upon payment, including ad account structuring, tracking pixel implementation, funnel build-outs, and lead routing automation calibration. Because resources are deployed immediately, this setup fee is strictly non-refundable.
4.2 Ongoing Retainers and Service Fees
Billing Cycle: Marketing retainer fees are billed on a recurring monthly or annual basis in advance via Stripe. All rates are subject to applicable Canadian taxes (HST/GST).
Ad Spend: Unless explicitly stated otherwise in a custom package, all ad spend (paid directly to platforms like Google or Meta) is the sole financial responsibility of the Client and is paid directly to those respective advertising platforms.
Usage-Based Retainers: If your agency package includes automated lead notifications, SMS follow-up setups, or AI-driven conversational routing, any associated underlying carrier or API consumption costs (e.g., Twilio telephony or AI token costs) are rebilled to you on a pay-as-you-go basis or bundled into your retainer as outlined in your specific Statement of Work (SOW).
4.3 Custom Marketing Development
Any request for bespoke automation engineering, custom API integrations, deep website overhauls, or brand asset design outside the scope of your active marketing package is considered Custom Development. This work will be quoted and billed separately from your standard monthly marketing retainer.
4.4 Cancellation & Price Changes
Cancellation: You may cancel your monthly recurring marketing services by providing written notice to hello@bryxdigital.com in accordance with the timeline specified in your individual client agreement (typically 30 days prior to the next billing cycle). No refunds are provided for partial months or unused marketing strategy hours.
Price Adjustments: We reserve the right to adjust our standard agency service rates with 30 days' advance written notice.
5. Acceptable Use & Compliance
When utilizing lead data generated by Bryx Digital or using communication flows built by us, you agree to comply with all applicable local, provincial, state, and federal laws. You must not:Use generated leads to transmit unsolicited, non-compliant spam.Violate any applicable anti-spam legislation, including Canada’s Anti-Spam Legislation (CASL) and the Telephone Consumer Protection Act (TCPA) in the US.Impersonate other entities or misrepresent your trade licensing, pricing, or insurance coverage through your marketing campaigns.
6. SMS Messaging and Lead Communication Compliance
Agency Communications: By providing your phone number to Bryx Digital, you consent to receive SMS messages from us regarding your marketing account notifications, strategy adjustments, and campaign performance updates. Text STOP to opt out at any time. Text HELP for support.
Client Lead Compliance: When Bryx Digital builds lead generation funnels or automated follow-up sequences for your business, you are the legal sender of those messages. You are solely responsible for ensuring that your business has obtained explicit, documented "opt-in" consent from contacts before automated SMS or text broadcasts are triggered, in strict accordance with CASL and carrier-specific (A2P 10DLC) guidelines.
7. Intellectual Property
Our Property: The proprietary marketing strategies, campaign structures, custom automation blueprints, and specialized workflows developed by Bryx Digital remain the intellectual property of Bryx Digital. You are granted a non-exclusive license to use these assets during the term of our engagement.
Your Property: All pre-existing client trademarks, logos, custom media, and final lead lists generated from your campaigns remain your exclusive property. You grant us a limited, global license to use your business name and metrics as a marketing case study or testimonial, unless you request otherwise in writing.
8. Third-Party Platforms
Our digital marketing services rely heavily on third-party platforms (e.g., Meta, Google, GoHighLevel, WordPress, Stripe).Your campaigns are subject to the policies, terms, and algorithmic updates of these third parties.
Bryx Digital is not responsible or liable for sudden policy changes, ad account suspensions, or service outages initiated by platforms like Meta or Google.
9. Data and Privacy
Your privacy and your leads' privacy are paramount. Our data collection and management practices are governed by our Privacy Policy. Under Canadian data protection frameworks (PIPEDA), Bryx Digital acts as a Data Processor regarding the client lead data captured via marketing campaigns, while you (the Client) act as the Data Controller.
10. Service Support & Scope
Support Channel: Agency campaign support, technical adjustments, and strategy questions should be submitted via email to hello@bryxdigital.com.
Support Hours: Monday through Friday, 9:00 AM – 5:00 PM EST (excluding Canadian statutory holidays).
Scope Limits: Support covers the maintenance and optimization of marketing assets built by Bryx Digital. We do not provide IT support for your company’s internal hardware, local internet networks, or independent third-party software accounts.
11. Limitation of Liability and AI Implementations
11.1 General Liability Cap
To the maximum extent permitted by applicable law, Bryx Digital and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages—including but not limited to lost business profits, loss of ad spend efficiency, ad account bans, or business interruption. Our total aggregate liability for any claim arising out of these Terms shall not exceed the total amount paid by you to Bryx Digital in the three (3) months immediately preceding the event giving rise to the claim.
11.2 Marketing Performance and ROI
Digital marketing is an inherently variable environment. While we utilize industry-best practices, Bryx Digital makes no guarantees regarding exact lead volumes, conversion rates, close rates, or specific revenue targets. Client sales execution is a critical component of campaign ROI.
11.3 AI Assistant Implementations
If Bryx Digital deploys automated AI Assistants (Voice or Text Agents) to triage or schedule leads for your business, you acknowledge that AI models operate probabilistically and may occasionally generate inaccurate responses ("hallucinations").
You are solely responsible for reviewing, approving, and maintaining the accuracy of the baseline information (knowledge bases, scripts, and business data) provided to the AI.
Bryx Digital shall not be held liable for any lost business, booking conflicts, incorrect quotes, or reputational damage resulting from live, unmonitored AI conversations with your prospects.
12. Indemnification
You agree to indemnify, defend, and hold harmless Bryx Digital and its officers, directors, employees, and contractors from and against any third-party claims, damages, liabilities, or legal expenses (including attorney fees) arising out of your breach of these Terms, misrepresentation of your services in advertising copy you approved, or violation of consumer protection or anti-spam laws.
13. Governing Law and Dispute Resolution
These Terms and your relationship with Bryx Digital are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action, dispute, or proceeding arising under these Terms shall be resolved exclusively in the courts located in Oakville or the Halton Region, Ontario.
14. Changes to Terms
We reserve the right to modify these Terms of Service at any time. When material changes are made, we will update the "Last updated" date at the top of this page and notify active clients via email. Continued engagement of our marketing services after changes take effect constitutes your formal acceptance of the revised Terms.
15. Contact Us
For any questions regarding these Terms, please contact us at:
Company Name: Bryx Digital
Email: hello@bryxdigital.com
Location: Oakville, Ontario, Canada
