Privacy Policy
Last updated: October 10, 2026
This Privacy Policy (this "Policy") is promulgated by Marketing Trendly Inc., a corporation ("Trendly," the "Company," "we," "us," or "our"), and sets forth, in its entirety, the practices, protocols, and policies governing the collection, use, processing, storage, disclosure, retention, and safeguarding of Personal Information (as defined below) obtained by the Company in connection with its website located at wetrendly.com, together with all subdomains, successor URLs, mobile-optimized versions, and ancillary digital properties thereof (collectively, the "Site"), and in connection with the Company's provision, marketing, and administration of its content creation, social media management, paid advertising, website development, growth strategy, and full-service marketing offerings (collectively, the "Services"). This Policy is incorporated by reference into, and forms an integral part of, the Company's Terms of Use, and should be read in conjunction therewith. ACCESS TO AND USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE SUBMISSION OF ANY FORM, QUESTIONNAIRE, OR CORRESPONDENCE THEREIN, SHALL CONSTITUTE YOUR UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE TERMS AND CONDITIONS OF THIS POLICY IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SITE.
1. Definitions and Interpretive Provisions
For purposes of this Policy, and unless the context otherwise requires, the following terms shall have the meanings ascribed to them below. Capitalized terms used but not defined in this Section 1 shall have the meanings given to them elsewhere in this Policy.
- "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household, including but not limited to the categories enumerated in Section 3 hereof.
- "Processing" (and its correlative terms "Process" and "Processed") means any operation or set of operations performed upon Personal Information, whether or not by automated means, including collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, combination, restriction, erasure, or destruction.
- "User," "you," or "your" means any natural person who accesses, browses, or otherwise interacts with the Site, irrespective of whether such person becomes a client of the Company.
- "Service Provider" means any third-party person, firm, or entity that Processes Personal Information on the Company's behalf and pursuant to the Company's written instructions, for the exclusive purpose of enabling the Company to carry out the purposes enumerated in Section 4 hereof.
- "Applicable Data Protection Law" means, collectively and as applicable to the Processing in question, the Personal Information Protection and Electronic Documents Act (Canada) and any substantially similar provincial legislation; the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, together with its implementing regulations (collectively, "CCPA/CPRA"); the Regulation (EU) 2016/679 (the "GDPR") and the United Kingdom's retained version thereof (the "UK GDPR"); and any other data protection, privacy, or electronic communications law of a jurisdiction to which the Company or the Processing in question is subject from time to time.
2. Scope, Acceptance, and Relationship to Engagement Agreements
This Policy applies to all Personal Information Processed by the Company in connection with the Site and the Company's pre-contractual dealings with prospective clients, including the questionnaire referenced in the Company's Terms of Use. Where a User subsequently becomes a client of the Company pursuant to a separate written agreement (a proposal, order form, statement of work, or similar instrument, collectively an "Engagement Agreement"), the Processing of Personal Information undertaken in the performance of such Engagement Agreement shall additionally be governed by the data-processing terms, if any, set forth in that Engagement Agreement, which shall control to the extent of any direct conflict with this Policy as applied to that engagement, without derogating from the remainder of this Policy as applied to the Site generally.
3. Categories of Personal Information Collected
In the course of operating the Site and rendering the Services, the Company may collect, or cause to be collected on its behalf, the following non-exhaustive categories of Personal Information, it being understood that not every category will be collected with respect to every User:
- (a) Identification and Contact Data: full legal or preferred name, email address, telephone number, mailing or business address, and job title or role.
- (b) Business and Commercial Data: business or trade name, website address, social media handles and account identifiers (including, without limitation, Instagram, TikTok, and Facebook), industry vertical, approximate annual revenue or marketing budget range, business goals, competitive positioning, and such other commercial information as a User may elect to disclose in the course of the questionnaire referenced in Section 7 of the Company's Terms of Use or otherwise.
- (c) Engagement and Account Data: where a User becomes a client, content submitted for editing, scheduling, or publication; credentials, tokens, or delegated administrative access granted to the Company in respect of the client's social media, advertising, analytics, content-management, or website-hosting accounts; performance metrics, analytics, and reporting data generated in connection with the Services; and all correspondence, whether written, electronic, or verbal, exchanged in connection with the engagement.
- (d) Financial and Transactional Data: billing name and address, invoice history, payment method metadata (it being expressly noted that the Company does not itself store full payment card or bank account numbers, which are instead Processed by its third-party payment processors), and records of amounts invoiced and remitted.
- (e) Technical and Device Data: Internet Protocol address, browser type and version, operating system, device identifiers, screen resolution, referring and exit pages, pages viewed and the sequence thereof, date and time stamps, and approximate geolocation derived from any of the foregoing.
- (f) Usage and Preference Data: language preference, display-theme preference (light or dark mode), and other configurable settings and interaction data collected by means of the cookies and similar technologies described in Section 8 hereof.
- (g) Information from Third Parties: Personal Information received from the advertising, social media, and analytics platforms engaged by the Company on a client's behalf; from payment processors; and from publicly available sources, including a User's own publicly accessible website or social media profiles.
The Company does not knowingly or intentionally solicit Personal Information falling within any special or sensitive category recognized under Applicable Data Protection Law (including, without limitation, information concerning health, genetic or biometric data, racial or ethnic origin, religious belief, sexual orientation, or government-issued identification numbers), and Users are expressly requested to refrain from submitting any such information through the Site unless strictly and unavoidably necessary to the provision of the Services, in which event such submission shall be deemed to constitute the User's explicit consent to the Processing thereof for the limited purpose for which it was submitted.
4. Purposes of Processing
The Company Processes Personal Information for one or more of the following purposes, each of which is a legitimate business purpose of the Company:
- (i) to evaluate, respond to, and administer inquiries and requests for proposals, including the scheduling of discovery calls and the assessment of prospective-client suitability;
- (ii) to perform, administer, and give effect to the Services, including the production, scheduling, and publication of content, the management of social media accounts, the design, execution, and optimization of paid advertising campaigns, the development and maintenance of websites, and the preparation of performance reports;
- (iii) to communicate with Users and clients regarding their projects, including the provision of status updates, requests for feedback or approval, and administrative or operational notices;
- (iv) to generate, transmit, and reconcile invoices, to process payments, and to maintain the Company's books, records, and accounts in accordance with applicable accounting and tax law;
- (v) to analyze, in aggregated or de-identified form, usage patterns for the purpose of improving the Site, the Company's internal processes, and the quality of the Services;
- (vi) to showcase completed engagements, including aggregated or anonymized performance metrics, in the Company's portfolio, case studies, and promotional and marketing materials, subject to the portfolio-rights provisions of the applicable Engagement Agreement or the Company's Terms of Use, and subject to any contrary written instruction from the client;
- (vii) to comply with applicable legal, regulatory, and contractual obligations, to establish, exercise, or defend legal claims, and to protect the rights, property, personal safety, and legitimate interests of the Company, its clients, its personnel, and members of the public; and
- (viii) for any other purpose disclosed to the User at or prior to the time of collection, or to which the User has otherwise consented.
5. Legal Bases for Processing (EEA, UK, and Equivalent Jurisdictions)
To the extent that the GDPR, the UK GDPR, or substantially equivalent legislation requires the Company to identify a lawful basis for a given Processing activity, the Company relies, as applicable to the particular activity in question, upon one or more of the following bases enumerated in Article 6(1) of the GDPR: (a) the necessity of the Processing for the performance of a contract to which the User is party, or in order to take steps at the request of the User prior to entering into a contract; (b) the necessity of the Processing for compliance with a legal obligation to which the Company is subject; (c) the necessity of the Processing for the purposes of the legitimate interests pursued by the Company or by a third party, including the interests enumerated in Section 4 hereof, except where such interests are overridden by the interests, rights, or freedoms of the User; and (d) the User's freely given, specific, informed, and unambiguous consent, which may be withdrawn at any time without affecting the lawfulness of Processing based on consent prior to its withdrawal.
6. Canadian Privacy Rights (PIPEDA)
The Company's principal place of business is situated in Canada, and the collection, use, and disclosure of Personal Information in connection with the Site and the Services is, accordingly, subject to the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation of substantially similar effect. In accordance therewith, the Company Processes Personal Information only for purposes that a reasonable person would consider appropriate in the circumstances, obtains consent (express or implied, as appropriate to the sensitivity of the information in question) prior to collection, use, or disclosure, and affords individuals the right to access their Personal Information and to challenge the accuracy and completeness thereof, as further elaborated in Section 11 hereof.
7. California Privacy Rights (CCPA/CPRA)
To the extent that a User is a resident of the State of California within the meaning of the CCPA/CPRA, the Company makes the following disclosures in satisfaction of its obligations thereunder: (a) the categories of Personal Information collected by the Company correspond substantially to the categories enumerated in Section 3 hereof, which in turn correspond to the statutory categories of "identifiers," "customer records information," "commercial information," "internet or other electronic network activity information," and "professional or employment-related information" as such terms are defined in the CCPA/CPRA; (b) the Company does not sell Personal Information, nor does it "share" Personal Information for purposes of cross-context behavioral advertising, as such terms are defined under the CCPA/CPRA; (c) California residents possess the right to request disclosure of the specific pieces and categories of Personal Information collected, the categories of sources therefor, the business or commercial purpose for collection, and the categories of third parties with whom such information has been disclosed; (d) California residents possess the right to request deletion of Personal Information, subject to the statutory exceptions set forth in the CCPA/CPRA; (e) California residents possess the right to correct inaccurate Personal Information; and (f) the Company shall not discriminate against any User for the exercise of any right conferred by the CCPA/CPRA. Requests may be submitted using the contact information set forth in Section 18 hereof, and the Company shall verify the identity of the requester to a reasonable degree of certainty commensurate with the sensitivity of the request prior to acting thereon.
8. Cookies, Web Beacons, and Similar Tracking Technologies
The Site employs cookies, local storage, web beacons, pixels, and analogous tracking technologies (collectively, "Tracking Technologies") for the following non-exhaustive purposes: (a) strictly necessary Tracking Technologies required for the basic functioning and security of the Site; (b) functionality Tracking Technologies that remember User preferences, including language selection and light/dark display-theme selection; (c) performance and analytics Tracking Technologies that enable the Company to understand aggregate usage patterns; and (d) where applicable, advertising-measurement Tracking Technologies that enable the Company to assess the performance of its own promotional activities. Most web browsers afford Users the ability to refuse, restrict, or delete cookies through browser settings; Users are advised, however, that the exercise of such controls may impair or disable certain functionality of the Site. The Company does not, at present, respond to "Do Not Track" signals transmitted by browsers, as no uniform technical or legal standard for the recognition and honoring of such signals has, as of the date hereof, been generally adopted within the industry.
9. Disclosure of Personal Information to Third Parties
THE COMPANY DOES NOT, AND SHALL NOT, SELL PERSONAL INFORMATION TO THIRD PARTIES FOR MONETARY CONSIDERATION. Notwithstanding the foregoing, the Company may disclose Personal Information to third parties under the following circumstances, and no others:
- (a) Service Providers. To Service Providers engaged to perform functions on the Company's behalf, including, without limitation, website hosting and infrastructure, electronic mail and scheduling software, cloud storage and backup, payment processing, and analytics, each of which is contractually bound to Process such Personal Information solely for the purpose of providing the contracted service to the Company and in a manner consistent with this Policy.
- (b) Advertising and Social Media Platforms. To third-party advertising and social media platforms, including without limitation Meta Platforms, Inc. (operator of Facebook and Instagram), TikTok, and Google LLC, to the extent reasonably necessary to execute campaigns, publish content, or administer advertisements that the Company has been engaged to manage; Users acknowledge that such platforms maintain independent privacy policies governing their own Processing of Personal Information, over which the Company exercises no control.
- (c) Legal, Regulatory, and Safety Disclosures. Where required by applicable law, regulation, subpoena, court order, or other valid legal process, or where the Company reasonably believes in good faith that disclosure is necessary to protect the rights, property, or personal safety of the Company, its clients, its personnel, or members of the public, or to detect, prevent, or otherwise address fraud, security, or technical issues.
- (d) Corporate Transactions. In connection with, or in contemplation of, any merger, acquisition, reorganization, financing, divestiture, or sale of all or substantially all of the assets of the Company, in which case Personal Information may be among the assets transferred, subject to the acquiring or surviving entity's assumption of the obligations set forth in this Policy, or the provision of substantially equivalent notice to affected Users.
- (e) With Consent or at Direction. For any other purpose disclosed to the User at the time of collection, or pursuant to the User's express consent or direction.
10. Data Retention
The Company retains Personal Information for no longer than is reasonably necessary to fulfill the purposes enumerated in Section 4 hereof, to satisfy the Company's legal, accounting, tax, and regulatory recordkeeping obligations, and to establish, exercise, or defend legal claims, after which such Personal Information shall be securely deleted, destroyed, or anonymized in accordance with the Company's internal data-retention schedule. Where a User submits the questionnaire referenced in Section 7 of the Company's Terms of Use but does not thereafter become a client, the Company retains the Personal Information so submitted for a commercially reasonable period in the event the User wishes to resume discussions, and shall delete such information earlier upon the User's request.
11. Data Subject Rights and the Exercise Thereof
Subject to the limitations and exceptions prescribed by Applicable Data Protection Law, Users may possess some or all of the following rights with respect to their Personal Information: (a) the right to confirm whether the Company Processes Personal Information concerning them and to obtain access to such Personal Information; (b) the right to obtain rectification of inaccurate or incomplete Personal Information; (c) the right to obtain erasure of Personal Information in certain circumstances; (d) the right to restrict or object to certain Processing, including Processing for direct-marketing purposes; (e) the right to data portability, where applicable; (f) the right to withdraw consent at any time, without affecting the lawfulness of Processing prior to withdrawal; and (g) the right to lodge a complaint with a supervisory or regulatory authority having jurisdiction. To exercise any such right, a User should submit a request using the contact information set forth in Section 18 hereof. The Company shall respond to verified requests within the time period prescribed by Applicable Data Protection Law and reserves the right to request additional information reasonably necessary to verify the requester's identity prior to giving effect to the request.
12. Children's Privacy
The Site and the Services are directed exclusively to businesses and business representatives and are not directed to, nor intended for use by, any individual under the age of sixteen (16) years. The Company does not knowingly collect, solicit, or maintain Personal Information from individuals under the age of sixteen (16). In the event the Company becomes aware that it has inadvertently collected Personal Information from an individual under such age, the Company shall take commercially reasonable steps to delete such information promptly. A parent or guardian who believes that a minor has provided Personal Information to the Company in contravention of this Section 12 should contact the Company using the information set forth in Section 18 hereof.
13. Data Security
The Company implements and maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access, having regard to the nature, scope, context, and purposes of Processing and the risk of varying likelihood and severity to the rights and freedoms of Users. NOTWITHSTANDING THE FOREGOING, NO METHOD OF TRANSMISSION OVER THE INTERNET, AND NO METHOD OF ELECTRONIC STORAGE, IS COMPLETELY SECURE, AND THE COMPANY CANNOT AND DOES NOT WARRANT OR GUARANTEE THE ABSOLUTE SECURITY OF ANY PERSONAL INFORMATION TRANSMITTED TO OR STORED BY IT.
14. International and Cross-Border Data Transfers
The Company and its Service Providers may Process and store Personal Information in jurisdictions other than the jurisdiction in which a User resides, including without limitation Canada and the United States of America, which jurisdictions may not afford a level of data protection equivalent to that of the User's home jurisdiction. Where Applicable Data Protection Law requires that such cross-border transfers be subject to appropriate safeguards, the Company shall implement such safeguards as may be required, including, without limitation, standard contractual clauses approved by the relevant regulatory authority or other legally recognized transfer mechanisms.
15. Third-Party Websites and Embedded Content
The Site may contain hyperlinks to, or embedded content from, websites and platforms operated by third parties and not under the Company's ownership or control. This Policy applies solely to Personal Information collected by or on behalf of the Company through the Site and does not extend to the privacy practices of any such third-party website or platform, which Users are encouraged to review independently prior to engaging therewith.
16. No Automated Decision-Making
The Company does not subject Users to decisions based solely on automated Processing, including profiling, that produce legal effects concerning them or similarly significantly affect them.
17. Amendments to This Policy
The Company reserves the right, in its sole and absolute discretion, to amend, modify, or restate this Policy from time to time, whether in response to changes in its Processing practices, changes in Applicable Data Protection Law, or for any other operational, legal, or regulatory reason. Any such amendment shall be effective immediately upon the posting of the revised Policy on the Site, together with an updated "Last updated" date appearing above. Where the Company determines, in its reasonable discretion, that an amendment is material, the Company shall provide additional notice as may be reasonably appropriate in the circumstances. Continued use of the Site following the posting of any amendment shall constitute the User's acceptance of the Policy as so amended.
18. Contact Information; Data Protection Inquiries
Any question, comment, or request pertaining to this Policy, or to the exercise of any right described herein, should be directed in writing to Marketing Trendly Inc. at hello@wetrendly.com. The Company shall endeavor to acknowledge and respond to all such inquiries within a commercially reasonable period, and in any event within the period, if any, prescribed by Applicable Data Protection Law.
Terms of Use
Last updated: October 10, 2026
PLEASE READ THESE TERMS OF USE (THESE "TERMS") CAREFULLY AND IN THEIR ENTIRETY BEFORE ACCESSING OR USING THE SITE. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of a business entity ("you" or "User"), and Marketing Trendly Inc., a corporation ("Trendly," the "Company," "we," "us," or "our"), governing your access to, and use of, the website located at wetrendly.com, together with all content, functionality, and services offered thereon or therethrough, including without limitation the project questionnaire referenced in Section 7 hereof (collectively, the "Site"). BY ACCESSING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY. These Terms govern your use of the Site, and the Site only; in the event you thereafter engage the Company to render marketing, content, advertising, website-development, or other services, such engagement shall be governed by a separate, duly executed written agreement (including, without limitation, a proposal, order form, or statement of work, collectively an "Engagement Agreement"), the terms of which shall control, to the extent of any conflict, over these Terms with respect to the subject matter of such engagement, without derogating from the continued application of these Terms to your use of the Site as such.
1. Definitions
In addition to terms defined elsewhere in these Terms, the following definitions shall apply: "Content" means any and all text, graphics, images, photographs, video, audio, software, data, and other materials made available on or through the Site; "Intellectual Property Rights" means any and all patent, copyright, trademark, trade secret, moral, and other proprietary rights, whether registered or unregistered, and whether arising under the law of any jurisdiction; and "Applicable Law" means all statutes, regulations, rules, ordinances, and binding guidance of any governmental or regulatory authority having jurisdiction over the Site, the Company, or the User, as applicable.
2. Acceptance; Capacity to Contract
By accessing or using any portion of the Site, you affirmatively represent and warrant that (a) you possess the legal capacity, and have attained the age of majority (being not less than eighteen (18) years of age), necessary to enter into a binding agreement; (b) if you are accessing the Site on behalf of a legal entity, you are duly authorized to bind such entity to these Terms, and references to "you" shall be deemed to include such entity; and (c) your use of the Site does not violate any Applicable Law to which you are subject.
3. Modifications to These Terms and to the Site
The Company reserves the unrestricted right, in its sole and absolute discretion, to amend, modify, supplement, or replace these Terms at any time and without obligation to provide advance notice, by posting the revised Terms on the Site and updating the "Last updated" date appearing above. It shall be your sole responsibility to review these Terms periodically for modifications. Your continued access to or use of the Site following the posting of any revised Terms shall constitute your conclusive acceptance of, and agreement to be bound by, such revised Terms. The Company further reserves the right, in its sole discretion and without liability or prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Site, or any feature, functionality, or portion thereof, at any time and for any reason or no reason whatsoever.
4. Eligibility and Representations
The Site is intended solely for access by, and use in connection with inquiries from, business visitors evaluating or researching the Company's Services. You represent and warrant that all information you supply to the Company, whether through the questionnaire referenced in Section 7 hereof or otherwise, is, and shall remain, true, accurate, current, and complete in all material respects, and that you shall promptly update any such information as and when it becomes inaccurate or incomplete.
5. Limited License; Scope of Permitted Use
Subject to your strict and continuing compliance with these Terms, the Company grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial (or, as applicable, internal business) use of the Site, solely for the purpose of learning about the Company and its Services and determining whether to submit an inquiry. No other right, title, license, or interest of any nature whatsoever is granted, whether by implication, estoppel, or otherwise, and the Company reserves all rights not expressly granted herein.
6. Prohibited Conduct
As a condition of your access to and use of the Site, you covenant and agree that you SHALL NOT, directly or indirectly, and shall not permit, authorize, or encourage any third party to:
- (a) copy, reproduce, republish, distribute, publicly display, publicly perform, frame, mirror, scrape, harvest, or create any derivative work based upon the Site or any Content, except to the limited extent inherent in ordinary, non-commercial browsing of the Site through a standard web browser;
- (b) reverse-engineer, decompile, disassemble, or otherwise attempt to discover or extract the source code, object code, underlying ideas, algorithms, or structure of the Site, or any portion thereof;
- (c) probe, scan, test the vulnerability of, or otherwise attempt to breach, circumvent, or disable any security or authentication measure of the Site;
- (d) employ any robot, spider, scraper, crawler, or other automated means or interface not provided by the Company to access the Site or extract data therefrom, other than through generally available and publicly accessible search-engine indexing mechanisms employed in accordance with the Site's robots.txt protocol, if any;
- (e) interfere with, disrupt, or impose an unreasonable or disproportionately large load upon the Site, its servers, or the networks connected thereto, or attempt to gain unauthorized access to any portion of the Site, other accounts, systems, or networks connected thereto, through hacking, password mining, or any other illegitimate means;
- (f) transmit, submit, or otherwise make available through the Site any Content that is unlawful, fraudulent, defamatory, obscene, infringing, threatening, or otherwise objectionable, or that impersonates any natural or legal person, or misrepresents your affiliation with any natural or legal person;
- (g) introduce into the Site any virus, worm, Trojan horse, time bomb, or other material that is malicious or technologically harmful; or
- (h) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site, or that otherwise violates any Applicable Law or the rights of any third party, including Intellectual Property Rights and rights of privacy or publicity.
The Company reserves the right, without liability and without prior notice, to investigate, and to take appropriate legal action against, any User who, in the Company's sole discretion, violates this Section 6, including, without limitation, removing offending Content and suspending or terminating such User's access to the Site.
7. The Project Questionnaire; No Formation of Client Relationship
The Site incorporates a questionnaire and other mechanisms (collectively, the "Inquiry Tools") by which Users may submit information to the Company concerning their business for the purpose of enabling the Company to evaluate a potential engagement. FOR THE AVOIDANCE OF ANY DOUBT, THE SUBMISSION OF INFORMATION THROUGH THE INQUIRY TOOLS, THE SCHEDULING OF A CALL, OR ANY OTHER COMMUNICATION WITH THE COMPANY THROUGH THE SITE SHALL CONSTITUTE AN INQUIRY ONLY, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE CONSTRUED TO CREATE, EVIDENCE, OR IMPLY ANY CLIENT, FIDUCIARY, AGENCY, PARTNERSHIP, OR OTHER CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE COMPANY. No obligation shall arise on the part of the Company to render any Services to you unless and until the parties have executed a separate, mutually agreed Engagement Agreement setting forth the scope, deliverables, timeline, and fees applicable thereto.
8. Intellectual Property Rights; Trademarks
The Site, and all Content made available thereon, including without limitation the "Trendly" name and logo, all text, graphics, photographs, video, audio, software, the "look and feel," layout, and the underlying source code and compilation thereof, are, and shall at all times remain, the exclusive property of the Company or its licensors, and are protected under copyright, trademark, trade dress, and other applicable Intellectual Property Rights laws and international treaties. Except as expressly set forth in Section 5 hereof, no right, title, license, or interest in or to the Site or any Content is transferred or granted to you, by implication, estoppel, or otherwise, and you shall not use, reproduce, or display the Trendly name, logo, or any other trademark, service mark, or trade dress of the Company without the Company's prior written consent, which may be withheld in the Company's sole discretion.
9. Third-Party Links, Content, and Platforms
The Site may contain hyperlinks to, or embed Content originating from, websites, applications, or platforms operated by third parties and not owned or controlled by the Company, including, without limitation, Instagram, TikTok, and Facebook (collectively, "Third-Party Platforms"). THE COMPANY EXERCISES NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, TERMS OF USE, AVAILABILITY, OR PRACTICES OF ANY THIRD-PARTY PLATFORM, AND THE INCLUSION OF ANY SUCH HYPERLINK OR EMBEDDED CONTENT DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF BY THE COMPANY. Your interactions with any Third-Party Platform are governed solely by the applicable terms and policies of such Third-Party Platform, and you access the same at your own risk.
10. No Professional Advice; No Reliance
All Content appearing on the Site, including without limitation descriptions of the Company's methodology, case studies, testimonials, and representations of results achieved for other clients, is provided for general informational purposes only and does not constitute professional, financial, legal, or marketing advice tailored to your particular circumstances. NO SUCH CONTENT SHALL BE CONSTRUED AS A GUARANTEE, WARRANTY, OR REPRESENTATION OF ANY PARTICULAR OUTCOME FOR YOUR BUSINESS. Past performance and results achieved for other clients are not necessarily indicative of, and do not guarantee, future or similar results, as marketing and advertising performance is contingent upon numerous variables specific to each business and outside the Company's control.
11. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATED TO THE SITE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND, ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of, resulting from, or in any way connected with (a) your access to or use of the Site; (b) any Content, information, or material you submit, post, or transmit through the Site, including without limitation through the Inquiry Tools; (c) your violation of these Terms; or (d) your violation of any Applicable Law or the rights of any third party. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defense of such claims.
14. Governing Law; Jurisdiction; Dispute Resolution
These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the breach, termination, or validity thereof, shall be governed by, and construed in accordance with, the laws applicable at the Company's principal place of business, without regard to any conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. The parties irrevocably agree that the courts of competent jurisdiction situated at the Company's principal place of business shall have exclusive jurisdiction to settle any such dispute, controversy, or claim, and each party irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue therein.
15. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations hereunder, or in the operation of the Site, resulting from causes beyond its reasonable control, including, without limitation, acts of God, natural disaster, pandemic, war, terrorism, civil unrest, governmental action, labor dispute, internet or telecommunications failure, or failure of third-party hosting, platform, or infrastructure providers.
16. Assignment
You may not assign, transfer, or delegate these Terms, or any right or obligation hereunder, without the Company's prior written consent, and any purported assignment in contravention of this Section 16 shall be null and void. The Company may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, or sale of assets.
17. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.
19. Entire Agreement
These Terms, together with any Engagement Agreement where applicable, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and supersede any and all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
20. Headings; Interpretation
The section headings used in these Terms are included for convenience of reference only and shall not affect the interpretation of these Terms. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." References to "herein," "hereof," and "hereunder" refer to these Terms as a whole.
21. Survival
Those provisions of these Terms which, by their nature, are intended to survive termination of your access to the Site — including, without limitation, Sections 8, 10, 11, 12, 13, 14, and this Section 21 — shall so survive.
22. Contact Information
Questions, comments, or notices regarding these Terms should be directed in writing to hello@wetrendly.com.
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