BUILT WITH EMILY — TERMS OF SERVICE

Last updated: September 2026

These Terms of Service (“Terms”) govern all services purchased from or provided by Built With Emily (“Built With Emily,” “we,” “us,” or “our”).

By purchasing a service, submitting payment, approving a proposal, or otherwise engaging Built With Emily for services, you (“Client,” “you,” or “your”) agree to these Terms, together with any applicable service description, proposal, invoice, project scope, Return & Refund Policy, Privacy Policy, and other written terms provided to you.

If there is a conflict between these Terms and a specific written proposal or service agreement signed or expressly accepted for a project, the specific project agreement will govern to the extent of that conflict.

1. Services

Built With Emily provides creative and business-support services that may include:

• Brand identity design
• Logo design
• Brand strategy
• Shopify setup and design
• Website design and organization
• Graphic design
• Social media graphics
• Content planning
• Launch strategy
• E-commerce support
• Product presentation
• Email marketing creative
• Business and brand consultation
• Ambassador-program development
• Other related creative services

The exact services included in a purchase are limited to those specifically listed in the product description, proposal, invoice, or other written scope agreed upon for that project.

Anything not expressly included is considered outside the project scope.

2. Eligibility and Authority

By purchasing services, you represent that:

• You are legally capable of entering into a binding agreement.
• You have authority to enter into the agreement on behalf of the business or organization you represent.
• All information you provide is accurate and complete.
• Your requested work and business activities are lawful.

If you purchase services on behalf of another person, company, partnership, corporation, or organization, you represent that you have authority to bind that entity.

3. Pricing and Currency

Unless otherwise stated, prices displayed by Built With Emily are in Canadian dollars (CAD).

Applicable taxes may be added where required by law.

Third-party fees are not included unless expressly stated. These may include:

• Shopify subscription fees
• Paid themes
• Apps
• Plug-ins
• Domains
• Email platforms
• Stock photography
• Premium fonts
• Printing
• Hosting
• Developer fees
• Other software or third-party services

The Client is responsible for these costs.

4. Payment

Payment terms will be stated in the applicable service listing, proposal, or invoice.

Where full payment is required at checkout, the project will not be reserved until payment has successfully cleared.

Where deposits or staged payments are permitted:

• The initial payment reserves project time.
• Remaining balances must be paid according to the agreed schedule.
• Built With Emily may pause work if a payment becomes overdue.
• Final files, website handoff, account transfer, or completed deliverables may be withheld until all outstanding amounts are paid.

No Client may use unpaid work.

5. Final Sales and Refunds

Built With Emily provides custom services and reserves dedicated project time for each Client.

Accordingly, all service purchases, deposits, and payments are final and non-refundable except where a cancellation, refund, or other remedy is required by applicable law.

Our separate Return, Refund & Cancellation Policy forms part of these Terms.

Nothing in these Terms limits statutory consumer rights that cannot legally be waived.

6. Internet Purchases

For services purchased online, the Client will be provided information regarding the service, price, applicable limitations, and other material terms before purchase.

The Client will be provided an opportunity to review the transaction, correct errors, and accept or decline the purchase immediately before entering into the agreement where required by applicable law.

Ontario currently imposes specific requirements on qualifying online consumer agreements, including pre-contract disclosure, an express acceptance opportunity, and delivery of a written copy of the agreement.

Where applicable, confirmation emails, receipts, these Terms, service descriptions, and related checkout records may collectively form part of the written agreement.

7. Client Questionnaire and Onboarding

Certain services require completion of a questionnaire or intake process before work can begin.

The Client agrees to provide complete and accurate information regarding:

• Business name
• Brand direction
• Audience
• Goals
• Products or services
• Design preferences
• Inspiration
• Website requirements
• Required content
• Technical access
• Other information reasonably necessary to perform the work

Built With Emily is entitled to rely on information supplied by the Client.

Built With Emily is not responsible for delays, additional work, or errors resulting from incomplete, incorrect, or misleading information supplied by the Client.

8. Project Scheduling

Purchasing a service does not necessarily mean work begins immediately.

Projects are scheduled based on:

• Current availability
• Receipt of required payment
• Completion of onboarding
• Receipt of required content and materials

A project start date may be delayed until all required information is received.

Estimated completion dates are estimates only unless Built With Emily expressly agrees in writing to a guaranteed deadline.

9. Client Responsibilities

The Client agrees to:

• Respond to requests within a reasonable time.
• Provide accurate information.
• Supply required materials.
• Obtain any necessary permissions.
• Review work carefully.
• Provide clear and consolidated feedback.
• Approve or reject work within a reasonable period.
• Maintain appropriate backups of their business materials and accounts.
• Pay all invoices when due.

Client-caused delays may result in the project being rescheduled.

10. Delays and Abandoned Projects

If the Client fails to respond or provide required materials for 30 consecutive days, Built With Emily may pause the project.

If the Client remains inactive for 60 consecutive days, Built With Emily may consider the project abandoned.

An abandoned project:

• May lose its original place in the schedule.
• May require a reactivation fee.
• May be subject to new timelines.
• May be subject to updated pricing.
• Remains non-refundable except where otherwise required by law.

Built With Emily is not obligated to keep a project open indefinitely.

11. Scope of Work

The project scope includes only the deliverables expressly included in the purchased service or written agreement.

Additional requests may be quoted separately.

Examples of out-of-scope work include:

• Additional pages
• Additional graphics
• Additional logo concepts
• Additional products
• Additional emails
• Extra revisions
• New brand directions
• Additional copywriting
• Custom coding
• App development
• Complex integrations
• Additional meetings
• Work requested after final approval

Built With Emily has no obligation to perform additional work without additional compensation.

12. Revisions

Each service includes only the revision allowance specified in its description.

A revision means a reasonable adjustment to an existing concept.

A revision does not mean:

• Starting over
• Creating a completely new concept
• Changing the business name
• Changing the approved direction
• Reworking already approved material
• Expanding the agreed scope

Additional revisions may be billed separately.

13. Feedback

Clients agree to provide specific, consolidated feedback.

Where multiple people are involved in a project, the Client should designate one primary decision-maker where reasonably practical.

Conflicting instructions from multiple parties may delay the project or result in additional fees.

14. Client Approval

The Client is responsible for carefully reviewing:

• Designs
• Text
• Prices
• Contact information
• Product information
• Links
• Policies
• Spelling
• Graphics
• Layouts
• Website pages
• Other deliverables

Approval may be given by email, message, form submission, or other written communication.

Once an item has been approved, subsequent changes may be treated as additional work.

15. Final Proofing

Before publication or final delivery, the Client is responsible for confirming that information is correct.

Built With Emily is not responsible for Client-approved errors, including:

• Typos
• Incorrect prices
• Incorrect product details
• Incorrect addresses
• Incorrect links
• Incorrect contact information
• Regulatory statements
• Legal language
• Claims about products or services

16. Intellectual Property — Client Materials

The Client retains ownership of intellectual property they owned before the project.

The Client grants Built With Emily a limited licence to use Client-supplied materials solely as reasonably necessary to perform the services and, where permitted under these Terms, display completed work in Built With Emily’s portfolio.

17. Client Warranties Regarding Supplied Materials

The Client represents that they own or have permission to use everything they provide to Built With Emily.

This includes:

• Photos
• Videos
• Music
• Logos
• Fonts
• Text
• Illustrations
• Trademarks
• Product photos
• Graphics
• Licensed assets

The Client is responsible for claims resulting from materials they supplied or specifically instructed Built With Emily to use.

18. Ownership of Final Work

Unless otherwise stated in writing, once all project fees have been paid, the Client receives the usage or ownership rights in the final approved deliverables specifically created for that Client, subject to:

• Third-party licences
• Fonts
• Stock assets
• Platform restrictions
• Template restrictions
• Pre-existing Built With Emily materials

Drafts, rejected concepts, unused concepts, internal working files, processes, templates, systems, and preliminary designs remain the property of Built With Emily unless otherwise agreed in writing.

19. Source and Editable Files

Editable or source files are not automatically included unless expressly listed in the service.

This may include:

• Canva source designs
• Working design files
• Draft files
• Internal templates
• Raw creative files
• Development files

If source files are requested and not included in the original service, an additional fee may apply.

20. Third-Party Assets

Projects may contain third-party materials subject to separate licence terms.

Examples include:

• Canva elements
• Fonts
• Stock photography
• Shopify themes
• Apps
• Plug-ins
• Icons
• Licensed illustrations

The Client agrees to comply with any applicable third-party licence restrictions.

Built With Emily cannot transfer rights that Built With Emily does not legally own.

21. Portfolio and Promotional Rights

Unless the parties agree otherwise in writing before the project begins, Built With Emily may display publicly released completed work for:

• Portfolio purposes
• Social media
• Case studies
• Website examples
• Advertising
• Promotional materials

Built With Emily will not knowingly publish confidential information.

A Client requiring confidentiality must request and obtain written agreement before work begins.

22. Confidential Information

Each party agrees to use reasonable care when handling non-public confidential information received during the project.

Confidentiality obligations do not apply to information that:

• Is already public
• Becomes public through no breach of these Terms
• Was already lawfully known
• Is independently developed
• Must legally be disclosed

23. Shopify and Website Services

For Shopify and website-related services, the Client acknowledges that Built With Emily may require temporary access to administrative accounts.

The Client remains responsible for:

• Maintaining account ownership
• Maintaining secure passwords
• Payment of Shopify fees
• Domain renewals
• App subscriptions
• Customer information
• Product legality
• Store policies
• Tax settings
• Shipping settings
• Ongoing platform maintenance after project completion unless otherwise agreed

Built With Emily does not guarantee uninterrupted Shopify or third-party platform operation.

24. Account Access and Passwords

Where account access is required, Clients should use appropriate staff, collaborator, or temporary-access features whenever available.

Built With Emily will use credentials only as reasonably necessary to complete the project.

The Client should change shared passwords or remove collaborator access after completion where appropriate.

25. Third-Party Platforms

Built With Emily has no control over third-party platforms such as:

• Shopify
• Instagram
• Facebook
• TikTok
• Google
• Canva
• Domain providers
• Email platforms
• Payment processors

Built With Emily is not responsible for outages, policy changes, suspensions, pricing increases, service interruptions, technical changes, or loss caused solely by third parties.

26. Custom Coding and Specialist Work

Unless expressly stated, Built With Emily offers theme-based Shopify setup, branding, design, creative direction, and related services.

Built With Emily does not promise:

• Custom application development
• Advanced software engineering
• Complex backend development
• Advanced custom integrations
• Security engineering
• Specialized accessibility auditing

Where specialist work is required, Built With Emily may recommend that the Client retain another professional.

27. Legal, Tax and Regulatory Matters

Built With Emily does not provide legal, accounting, tax, securities, regulatory, or financial advice.

Any policies, templates, disclaimers, pricing suggestions, business suggestions, or similar materials are provided for general business-support purposes only.

The Client is responsible for obtaining professional advice where appropriate.

28. Trademarks and Brand Names

Built With Emily does not guarantee that a proposed:

• Business name
• Brand name
• Logo
• Tagline
• Product name
• Domain
• Social handle

is legally available or eligible for trademark protection.

The Client is responsible for conducting appropriate legal and trademark searches and obtaining professional advice before adopting intellectual property where required.

29. No Guarantee of Results

Built With Emily does not guarantee specific business outcomes.

No guarantee is made regarding:

• Revenue
• Profit
• Sales
• Conversion rates
• Followers
• Engagement
• Search rankings
• Website traffic
• Customer acquisition
• Business growth
• Launch performance
• Trademark registration

Results depend on numerous factors outside Built With Emily’s control.

30. Marketing and Strategy Recommendations

Recommendations are based on available information and professional judgment but are not guarantees.

The Client remains responsible for final business decisions and implementation.

31. Client Conduct

Built With Emily reserves the right to refuse, pause, or terminate a project involving:

• Harassment
• Threats
• Abuse
• Hate or discriminatory conduct
• Fraud
• Illegal activity
• Infringing material
• Repeated non-payment
• Repeated material breach
• Unsafe or inappropriate requests

Any financial consequences of termination will be determined in accordance with the work completed, outstanding amounts, these Terms, and applicable law.

32. Right to Refuse Work

Built With Emily may decline a project before acceptance for any lawful business reason.

Submitting an inquiry does not obligate Built With Emily to accept the work.

33. Cancellation by Built With Emily

If Built With Emily cannot complete a project for reasons attributable solely to Built With Emily, an appropriate remedy will be offered.

Depending on the circumstances, this may include:

• Rescheduling
• Project modification
• Credit
• Partial refund
• Refund for services not capable of being delivered

Any remedy required by applicable law will be honoured.

34. Force Majeure

Built With Emily will not be liable for reasonable delays or failure to perform caused by circumstances beyond its reasonable control.

Examples may include:

• Severe illness
• Natural disaster
• Major internet outage
• Government action
• Major platform outage
• Labour disruption
• Power outage
• Emergency
• Other events outside reasonable control

Where reasonably possible, Built With Emily will communicate with the Client and resume work when circumstances permit.

35. Communication

Project communication may occur through email, forms, Shopify, or another agreed communication method.

The Client is responsible for providing a valid email address and monitoring that account, including spam or junk folders.

Communications sent to the Client’s provided email address will be considered properly sent.

36. Electronic Communications

The Client agrees that electronic communications, approvals, invoices, confirmations, agreements, and notices may be used in connection with the services, subject to applicable law.

37. Limitation of Liability

To the maximum extent permitted by law, Built With Emily will not be liable for indirect, incidental, special, exemplary, consequential, or purely economic losses arising from the services.

This includes, without limitation:

• Lost profit
• Lost revenue
• Lost opportunity
• Lost data
• Business interruption
• Loss arising from third-party platform failure

To the maximum extent permitted by applicable law, Built With Emily’s total aggregate liability arising from a specific project will not exceed the amount actually paid to Built With Emily for that project.

Nothing in this section excludes liability that cannot legally be excluded or limited.

38. Indemnity

To the maximum extent permitted by law, the Client agrees to indemnify and hold Built With Emily harmless from third-party claims, losses, liabilities, damages, and reasonable costs arising from:

• Client-supplied materials
• Client instructions
• Client products or services
• Client infringement of third-party rights
• Client violation of law
• Client breach of these Terms

This provision does not apply to the extent a claim is caused by Built With Emily’s own unlawful conduct or where indemnification cannot legally be imposed.

39. Chargebacks

Clients are encouraged to contact Built With Emily regarding billing disputes before initiating a chargeback.

Built With Emily may provide payment processors with relevant evidence including:

• Order records
• Service descriptions
• These Terms
• Refund policy
• Client questionnaire
• Communications
• Drafts
• Approvals
• Delivery records

Nothing in this section prevents a Client from exercising legitimate payment or statutory rights.

40. No Waiver

If Built With Emily does not enforce a provision of these Terms on one occasion, that does not mean the provision is permanently waived.

41. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will continue to the extent permitted by law.

42. Entire Agreement

These Terms, together with the applicable:

• Product description
• Proposal
• Invoice
• Project scope
• Refund policy
• Privacy policy
• Other written project terms

constitute the agreement between Built With Emily and the Client concerning the applicable services.

43. Changes to These Terms

Built With Emily may update these Terms for future purchases.

The version in effect when a Client enters into a project will generally govern that project unless the parties agree otherwise or a change is required by law.

Material changes will not retroactively alter an existing project agreement without appropriate agreement or legal authority.

44. Governing Law

Subject to any mandatory consumer-protection rights that apply based on the Client’s location, these Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Nothing in this provision deprives a consumer of protections that applicable law does not permit them to waive.

45. Consumer Rights

Nothing in these Terms is intended to waive, exclude, or restrict any right or remedy that cannot legally be waived.

For qualifying Ontario internet agreements, current rules include required pre-contract disclosure, an express opportunity to accept or decline and correct errors, and delivery of a written agreement. Certain cancellation rights can arise where those requirements are not met.

46. Acceptance

By completing a purchase or otherwise expressly accepting a Built With Emily service agreement, the Client confirms that they have had an opportunity to review:

• The service being purchased
• Included deliverables
• Price
• Applicable taxes and fees
• Material limitations
• Revision allowance
• Estimated timeline
• Refund and cancellation policy
• These Terms of Service

The Client confirms their agreement to be bound by these Terms, subject to applicable law.

47. Contact Information

Questions regarding these Terms may be directed to:

Built With Emily
builtwithemily.co@gmail.com