Terms & Conditions

1 . Use of Our Site

You agree to use the Site only for lawful purposes and in accordance with these Terms.

You may not:

a) Use the Site in any way that violates applicable laws or regulations.

b) Attempt to gain unauthorized access to any part of the Site or its systems.

c) Use the Site to transmit spam, malware, or other harmful code.

2 . Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, and software, is the property of Evoga Media or our licensors and is protected by copyright, trademark, and other laws.

You may not reproduce, distribute, or modify any part of the Site without our prior written consent.

3 . Disclaimer of Warranties

The Site and its content are provided “as is” and without warranties of any kind, whether express or implied. We do not guarantee that the Site will be secure, uninterrupted, or error-free.

4 . Limitation of Liability

To the fullest extent permitted by law, Evoga Media will not be liable for any damages arising from your use of or inability to use the Site, including indirect, incidental, or consequential damages.

5 . Indemnification

You agree to indemnify and hold harmless Evoga Media, its affiliates, and employees from any claims, damages, or expenses arising from your use of the Site or violation of these Terms.

6 . Governing Law

These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.

7 . Outcome Guarantee

We offer an Outcome Guarantee on qualifying builds.

7(1) . Purpose

The guarantee is tied to solving a defined problem or capturing a defined opportunity for your business. The plan will state the problem or opportunity, the outcome we are targeting, how it will be measured, and the review window.

7(2) . Scope of Outcomes

One primary outcome is set in your written plan. When the problem or opportunity requires it, the outcome may be expressed as a paired metric. Examples include:

a) Lead generation: cost per lead down and qualified lead volume up month over month

b) Demand capture: conversion or booking rate up and first-response time down

c) Nurture and recall: show rate up or recall completion up

d) Revenue: revenue per order or visit up, monthly recurring revenue (MRR) up, average order value up

e) Profit: profit or profit margin up (the plan will specify net profit or gross margin)

f) Operations: manual hours per week down, time to first response down

7(3) . Baseline and Measurement Window

a) We document a baseline for the outcome before build.

b) The measurement window begins after go-live on the date written in your plan and runs for the period stated there.

c) Results are measured using agreed data sources such as analytics, CRM or EMR reports, payment platforms, or call-tracking tools.

7(4) . Client Responsibilities

You agree to:

a) provide timely access to relevant accounts and data;

b) appoint a primary coordinator for approvals and feedback;

c) keep the approved plan and settings live during the measurement window;

d) complete client-owned tasks on the timelines we agree;

e) maintain required budgets or resources where the plan calls for them.

7(5) . Exclusions

The guarantee is paused or void if results are affected by factors outside our reasonable control, including account bans, platform outages, policy violations, non-payment, material scope changes, significant site or offer changes outside the plan, data loss, withheld access, or force-majeure events.

7(6) . Remedy if The Outcome is Not Met

If the outcome is not achieved by the end of the measurement window, you are entitled to:

a) a refund of project fees paid for the covered build, and

b) an additional $500 compensation (currency as specified in the agreement).

Refunds do not include third-party or pass-through costs such as media spend, platform fees, or licenses.

7(7) . Review and Claim Process

a) Notify us in writing within 7 days after the measurement window ends.

b) We may request reasonable access to verify data and perform a no-cost remediation sprint of up to 14 days.

c) If the outcome is still not met at the end of that sprint, the refund and compensation will be issued within 14 business days.

7(8) . Ownership

Ownership of assets and accounts remains as stated in your agreement. Receiving a refund under this clause does not transfer ownership to Evoga Media.

7(9) . Limit

The guarantee applies once per covered build and is not transferable.

8. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

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