Effective: June 1, 2026 · Last Updated: May 28, 2026

Please read these Terms of Service carefully. By using the website, submitting a consultation request, paying a deposit, or engaging DAvision for any service, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you (the “Client”) and DAvision, a technology business operating in Calgary, Alberta, Canada.

1. Agreement and Acceptance

You accept these Terms by: browsing or using our website; submitting a consultation request or form; paying a deposit or any amount to DAvision; signing or electronically confirming a project proposal, Statement of Work, or invoice; or using any DAvision free AI tool. Electronic signatures and confirmations are valid under the Electronic Transactions Act (Alberta).

If accepting on behalf of an organization, you warrant you have authority to bind that entity. DAvision may update these Terms; continued use after the effective date constitutes acceptance.

2. About DAvision and Our Services

Calgary-based technology company offering AI automation, custom application development, and AI-powered business solutions. Service categories:

• AI Agent Development
• iOS, macOS, and Windows Application Development
• AI Chatbot for Website
• Business Process Automation
• AI Content Generation
• Telegram Bot Development
• Free AI Tools (AI Resume Builder, AI Brand Name Generator)

These Terms apply to all services and tools unless a separate written agreement expressly supersedes them.

3. Eligibility

Must be at least 18 years of age. Our paid services are primarily directed at businesses and commercial entities. If you are an individual consumer, certain provisions — particularly the limitation of liability in Section 10 — may be limited by the Consumer Protection Act (Alberta).

4. Account Registration

You are responsible for: maintaining confidentiality of login credentials; all activity under your account; notifying DAvision immediately of unauthorized access at info@davision.ca; providing accurate information; not sharing your account.

5. Services and Deliverables

5.1 Scope of Services

Specific services, deliverables, timeline, pricing, and project-specific terms are set out in a written project proposal, Statement of Work (“SOW”), or invoice (“Project Brief”), which is incorporated into these Terms.

5.2 Delivery

Project delivery is deemed complete when DAvision provides Client access to the deliverables — including by sending files, login credentials, deployment notifications, or repository access — regardless of whether Client has formally reviewed or approved them. Final payment is due within 5 business days of delivery notification. If Client provides no substantive written feedback within 14 days of delivery, deliverables are deemed accepted.

5.3 Client Responsibilities

Provide accurate information, materials, feedback, and approvals timely; provide access to systems and APIs; review deliverables and communicate feedback; maintain backup copies of materials provided to DAvision. Delays caused by Client’s failure to provide materials or access may result in timeline extensions and do not constitute a breach by DAvision.

5.4 Free AI Tools

Provided “as is” at no charge, for informational purposes only. No service contract or guarantee of performance. DAvision may modify, suspend, or discontinue free tools at any time without notice.

6. Payment Terms

6.1 Payment Structure

Unless otherwise stated: 50% non-refundable deposit due upon project commencement; 50% due within 5 business days of delivery notification.

6.2 Payment Processing

Processed by Stripe and/or Square. DAvision does not store full payment card numbers. All amounts in Canadian dollars (CAD) unless otherwise specified. Prices exclude GST/HST, which is added as required by law.

6.3 Late Payment

Overdue invoices accrue interest at 1.5% per month (18% per annum), compounding monthly. DAvision may suspend work or access to deliverables for non-payment.

6.4 Deposit Non-Refundability

Once project work commences, the deposit is non-refundable except as provided in Section 16.

6.5 Disputed Invoices

Disputes must be notified in writing within 10 business days of receipt. Undisputed portions must be paid by the due date.

7. Project Scope and Change Orders

Scope is defined exclusively by the written Project Brief. Verbal instructions and informal communications do not modify scope. Any modification requires a written Change Order confirmed by both parties, which may result in additional fees and revised timelines.

8. Intellectual Property

8.1 Deliverable Work Product — Assigned to Client on Full Payment

Upon receipt of full payment, DAvision assigns to Client all copyright and IP rights in the bespoke work product created specifically for Client’s project. Until full payment, Client has only a limited, revocable license.

8.2 DAvision Background IP — Retained by DAvision

DAvision retains all rights to pre-existing and independently developed IP including: proprietary frameworks, code libraries, templates, workflow structures, AI prompts, configurations, methodologies, reusable components, brand, logo, and marketing materials. Client receives a non-exclusive, perpetual, royalty-free license to use DAvision Background IP incorporated in the deliverables as part of the delivered solution.

8.3 Third-Party Components

Deliverables may incorporate open-source software, third-party libraries, and APIs. Client is responsible for maintaining licenses and accounts required for their use of such components.

8.4 AI-Generated Content

AI-generated content may have limited copyright protection under Canadian law. DAvision assigns any rights it holds to Client upon full payment. Client is responsible for independently assessing the IP status of AI-generated content before commercial use and for reviewing all content prior to publication.

8.5 Portfolio Rights

Unless Client notifies DAvision in writing within 30 days of project delivery of an objection, DAvision may reference the completed project in its portfolio and marketing materials, without disclosing Client’s confidential information.

9. Warranty

9.1 Warranty Periods by Tier

9.2 What Warranty Covers

Bugs and defects in DAvision’s original code and implementation discovered and reported during the warranty period. Fixed at no charge.

9.3 What Warranty Does Not Cover

Feature additions or enhancements; Client’s modifications to deliverables; third-party service updates or API deprecations; Client-provided data or integration issues; failure to apply required updates; new OS/browser/device compatibility post-delivery; unauthorized modifications.

9.4 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION, DAVISION PROVIDES SERVICES “AS IS” AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

DAVISION’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC PROJECT, CALCULATED OVER THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

IN NO EVENT SHALL DAVISION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

DAVISION IS NOT LIABLE FOR DAMAGES CAUSED BY THIRD-PARTY SERVICES, INCLUDING CHANGES TO APIs, MODEL DEPRECATIONS, PLATFORM POLICY CHANGES, OR THIRD-PARTY OUTAGES.

If Client is an individual consumer, nothing in this Section limits DAvision’s liability for gross negligence, fraud, or intentional misconduct, or for any liability that cannot be excluded under the Consumer Protection Act (Alberta).

11. Indemnification

By Client: Client indemnifies DAvision from claims arising from: Client’s use of deliverables in violation of applicable law; Client-provided content infringing third-party IP; Client’s breach of these Terms; claims from Client’s customers related to Client’s own products or services; Client’s false representations.

By DAvision: DAvision indemnifies Client from third-party claims that DAvision’s original code in the Deliverable Work Product infringes a third party’s Canadian copyright, provided: Client notifies DAvision promptly; DAvision has sole control of the defense; infringement is not caused by Client’s modifications. Does not apply to third-party components or AI-generated content.

12. Artificial Intelligence Disclaimer

AI systems do not guarantee accuracy, completeness, timeliness, relevance, or fitness for any particular purpose. Review all AI-generated outputs before reliance, publication, or use in consequential decisions.

DAvision’s AI tools and chatbots do not provide legal, medical, financial, accounting, or other regulated professional advice. Any AI output touching such subjects must be independently reviewed by a qualified licensed professional before action is taken.

Third-party AI model availability, pricing, capabilities, and terms may change at any time without notice. Changes after delivery are not covered by warranty.

Prohibited uses: violating applicable law; discriminatory treatment based on protected characteristics; generating content to deceive, defame, or harass; unauthorized surveillance or tracking of individuals; training a competing AI service using DAvision’s systems, methods, or outputs; generating or distributing illegal content.

13. Third-Party Services and Platforms

DAvision acts as a technical integrator only. DAvision makes no representations or warranties regarding the availability, security, pricing, policies, or performance of any third-party service. Client is solely responsible for complying with the terms of Apple App Store, Telegram, Microsoft Store, OpenAI, Stripe, Square, and any other integrated provider, and for maintaining their own accounts and licenses. If a third-party changes its API or policies after delivery, updates are out-of-scope and provided under a separate Change Order.

14. Confidentiality

Both parties agree to keep confidential any information disclosed by the other party that is marked as confidential or that should reasonably be understood to be confidential. Each party will use Confidential Information only to fulfill its obligations and protect it with at least reasonable care. Exceptions: information publicly available through no breach; already known before disclosure; independently developed; required by law to be disclosed (with prompt notice where permitted).

15. Referral Program

• Referral fee: 7% of the referred client’s first paid and completed project with DAvision
• Eligibility: Referral party must be mentioned at the referred client’s first contact with DAvision. No retroactive registration.
• Payment: Within 14 business days after the referred client’s first project is paid in full, upon receipt of valid invoice
• No repeat fees: Only the first paid project per referred client qualifies

Invoices must include: “Referral/Finder’s Fee — introduction of [Client Name] to DAvision”; your full legal name, address, and GST/HST number if registered. You are solely responsible for reporting referral fees as income. DAvision may modify or terminate the Referral Program with 30 days’ written notice.

16. Termination and Cancellation

16.1 Cancellation Before Commencement

Deposit refunded within 10 business days, less expenses already incurred.

16.2 Cancellation After Commencement

Deposit non-refundable. DAvision delivers all work completed to date. Client responsible for milestone payments for work completed.

16.3 Termination by DAvision for Cause

Immediate upon written notice if Client: fails to make payment within 15 business days of due date; materially breaches Terms and fails to cure within 10 business days; engages in illegal activity or fraud; becomes insolvent. Deposit and paid milestones are non-refundable. Unpaid amounts for completed work become immediately due.

16.4 Termination by DAvision Without Cause

30 days’ written notice. DAvision delivers work completed to date and refunds a proportionate amount for undelivered work.

16.5 Effect on IP

IP assignment applies only to work product for which full payment was received. For work product not fully paid, DAvision retains all IP rights and Client’s license terminates.

17. Acceptable Use

You must not use DAvision’s website, AI tools, or deliverables to: violate any applicable law; infringe third-party IP; transmit malware or harmful code; engage in unauthorized scraping or bulk collection of DAvision website content; gain unauthorized access to DAvision’s systems; impersonate DAvision or others; harass, threaten, or harm others. DAvision may terminate access immediately and without refund for violations.

18. Force Majeure

DAvision is not liable for failure or delay caused by circumstances beyond its reasonable control, including: natural disasters, government actions, pandemics, hosting outages, discontinuation or material change to third-party AI APIs or platforms (including OpenAI, Telegram, Apple, Microsoft, Stripe, Square), cyberattacks, labour disputes, or acts of God. DAvision notifies Client within 72 hours. If event persists more than 30 days, either party may terminate; DAvision refunds amounts paid for undelivered work less expenses incurred.

19. Dispute Resolution

Parties first attempt good faith negotiation within 30 days of written notice. If unresolved, either party may refer to mediation administered by the ADR Institute of Alberta, costs shared equally. If mediation does not resolve within 60 days, either party may pursue legal remedies. Exclusive jurisdiction: courts of the Province of Alberta, City of Calgary. Claims must be commenced within 12 months of discovery (B2B clients).

20. General Provisions

Governing Law: Province of Alberta and applicable federal laws of Canada.

Entire Agreement: These Terms, together with the applicable Project Brief, constitute the entire agreement and supersede all prior negotiations and representations.

Severability: If any provision is found invalid, the remaining provisions continue in full force.

Assignment: Client may not assign rights without DAvision’s prior written consent. DAvision may assign in connection with a corporate reorganization or acquisition.

Survival: Sections 6, 8, 10, 11, 14, 19, and 20 survive termination.

Electronic Signatures: Valid and binding under the Electronic Transactions Act (Alberta).

21. Contact Information

DAvision · Calgary, Alberta, Canada
Email: info@davision.ca · Phone: +1 825 288 4338
Website: https://davision.ca

DAvision · Calgary, Alberta, Canada · info@davision.ca · Governed by the laws of the Province of Alberta, Canada.