Last Updated: June 30, 2025

Definitions

For the purposes of these Terms of Use:

• “Client” refers to the individual or entity accessing or using the Website or Collocoll’s services.
• “Collocoll” refers to Collocoll Digital Inc., an incorporated company organized under the laws of Alberta, Canada.
• “Project” refers to any design, development, or creative work product specifically created by Collocoll for Client pursuant to an agreement between the parties.
• “Submission” refers to any questions, comments, suggestions, ideas, feedback, or other information regarding the Website or Collocoll’s services that Client provides to Collocoll through any means of communication.
• “Website” refers to Collocoll’s website located at https://www.collocoll.com/ and any related subdomains, services, applications, or platforms operated by Collocoll.
• “Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials that appear on or are available through the Website.
• “Marks” refers to all trademarks, service marks, trade names, logos, and other intellectual property owned by Collocoll.

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Collocoll and the client, with regard to access and use of Collocoll’s website. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Collocoll shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Collocoll for services rendered shall remain and continue to be an ongoing obligation owed by Client to Collocoll.

Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Collocoll and all content and marks contained there are owned and controlled by Collocoll and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Alberta, Canada, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Collocoll’s express prior written permission. Collocoll reserves all rights in the Website, Content and Marks.

Ownership of Materials

All design and original source files created on Client’s behalf belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Collocoll to become the owner of a Project, in whole or in part, rather than Client, Collocoll irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Collocoll as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights. Unless explicitly prohibited in writing at project initiation, Collocoll reserves the limited right to display completed Client Projects in Collocoll’s portfolio, case studies, and professional showcases for the sole purpose of demonstrating Collocoll’s design capabilities. Such display will not include any Client confidential information or sensitive materials identified by Client.

Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Collocoll and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Collocoll will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Collocoll has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

Prohibited Use

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. Client agrees to refrain from the following: Make any unauthorized use of the Website or attempt to gain unauthorized access to restricted areas; Retrieve data or content for the purposes of creating or compiling a database or directory without authorization; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Use fraudulent means to access the Website or misrepresent your identity or authorization; Interfere with, disrupt or create an undue burden on the Website or Collocoll’s networks or servers; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Collocoll’s employees or agents providing services through the Website; Delete or modify copyright or other proprietary rights notices from any content; Upload or transmit viruses, malware, or other harmful code that interferes with the Website’s operation; Upload or transmit any material that acts as a passive or active information collection or transmission mechanism without authorization; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

Client Submissions

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback provided to Collocoll (each a “Submission”) shall be governed by the following terms: Non-Confidential Nature: Submissions are not considered confidential information. Collocoll is under no obligation to maintain the confidentiality of any Submission. Limited License Grant: By providing a Submission, Client grants Collocoll a non-exclusive, royalty-free license to use, modify, and incorporate the Submission for the purpose of improving Collocoll’s services and operations. Client Representations: Client represents that it has the right to provide any Submission and that the Submission does not infringe upon any third-party rights. Restrictions on Use: Collocoll’s use of Submissions shall be limited to business purposes related to service improvement, product development, and operational enhancement. No Compensation: Client acknowledges that no compensation will be provided for Submissions unless otherwise agreed to in writing.

Management and Oversight

Collocoll reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Collocoll further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Collocoll, without notice or liability to Client.

Privacy Policy

By using the Website, Client agrees to be bound by the Privacy Policy and the terms set forth therein. The Website is operated by Collocoll Digital Inc., a company organized under the laws of Alberta, Canada. All data processing and storage is governed by Canadian privacy laws including the Personal Information Protection and Electronic Documents Act (PIPEDA). For users accessing from other jurisdictions, including the EU and United States, additional privacy protections may apply according to their local laws. Client’s continued use constitutes consent to the collection, use, and storage of data in accordance with Canadian privacy laws and this Privacy Policy.

Refund Policy

Collocoll processes refund requests according to the following policy:

Refund requests must be submitted in writing to [email protected] within 14 days of purchase or subscription. For services canceled within 7 days of initial purchase and before any deliverables have been provided, a 90% refund will be issued. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Furthermore, Stripe fees associated with the transaction will not be refunded. Upon refund, Client agrees to immediately cease use of any materials produced by Collocoll. Refunds will be processed within 14 business days of approval.

Modification

Collocoll reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Collocoll reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

Connection Interruptions

Collocoll does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Collocoll’s control. Client agrees that Collocoll shall not be liable to Client for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to principles of conflict of laws.

Litigation

Any legal action arising from or relating to these Terms of Use shall be brought exclusively in the Court of King’s Bench of Alberta or the Federal Court of Canada, as appropriate. The parties hereto consent to the personal jurisdiction of such courts and waive any objection to venue or jurisdiction, including any defense of forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services is at Client’s sole risk. Collocoll disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Collocoll makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Collocoll assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage, of any nature whatsoever, any unauthorized access to or use of Collocoll’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Collocoll does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

Limitations of Liability and Indemnification

Collocoll and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless, Collocoll and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Not with standing the foregoing, Collocoll reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Collocoll here under. Client agrees to cooperate with the defense of such claims.

Data Responsibility and Backup

Client Responsibility: Client is responsible for maintaining appropriate backups of all data transmitted to or used with the Website and for ensuring the accuracy and appropriateness of such data.

Collocoll’s Obligations: Collocoll will implement reasonable security measures and industry-standard practices to protect Client data in its possession.

Limitation of Liability: Except in cases of gross negligence or willful misconduct by Collocoll, Client acknowledges that:

• Data transmission and storage involves inherent risks
• Client should maintain independent backups of important data
• Collocoll’s liability for data loss is limited to the fees paid for the specific services during the period when the loss occurred

Data Recovery: In the event of data loss or corruption, Collocoll will make reasonable efforts to recover data where technically feasible, but cannot guarantee complete recovery.

Notice: Collocoll will promptly notify Client of any known data security incidents or significant data loss affecting Client’s information.

Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Collocoll. Failure of Collocoll to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein.

Contact Information

For any questions or complaints regarding the Website, please contact Collocoll at: [email protected]