Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the VYRA Data website at vyradata.com, the Insights SaaS application at app.vyradata.com, the merchandise store at shop.vyradata.com, our services, content, deliverables, subscriptions, and related business offerings provided by VYRA DATA INC. (operating as VYRA Data, referred to here as “VYRA Data,” “we,” “us,” or “our”).

By using our website, requesting a quote, purchasing services, signing an agreement, approving work, or otherwise working with VYRA Data, you agree to these Terms.

If you do not agree with these Terms, do not use our website or services.

1. About VYRA Data

VYRA Data provides digital marketing, website, content, branding, reporting, business visibility, and related digital services.

Our services may include:

• Brand strategy.
• Website design, website updates, and website support.
• Social media content creation.
• Content scheduling and posting.
• Monthly marketing support.
• Google Business Profile support.
• Analytics and reporting.
• Digital presence audits.
• Creative direction.
• Marketing systems and workflow support.
• The Insights SaaS application at app.vyradata.com.
• Other services described in a proposal, invoice, service package, statement of work, or written agreement.

The exact scope of services will be set out in the applicable proposal, package description, invoice, statement of work, or written agreement.

2. Eligibility

You must be at least the age of majority in your province, territory, state, or country of residence to use our services.

If you use our services on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

3. Service Scope

VYRA Data will provide the services described in the applicable proposal, invoice, package description, statement of work, or written agreement.

Any services not specifically included are excluded unless we agree to them in writing.

Additional work, revisions, rush requests, platform changes, extra meetings, new deliverables, or work outside the agreed scope may require additional fees.

4. Client Responsibilities

You agree to provide timely, accurate, and complete information needed for us to perform the services.

This may include:

• Business information.
• Brand assets.
• Logos, photos, videos, fonts, graphics, and written materials.
• Account access or platform permissions.
• Website, domain, hosting, analytics, social media, and marketing platform access.
• Approvals, feedback, and decisions.
• Payment information.
• Legal, compliance, or industry-specific requirements that apply to your business.

You are responsible for reviewing and approving all final content, claims, offers, pricing, promotions, service descriptions, legal language, and public-facing materials before publication.

Delays in providing information, access, feedback, approvals, or payment may delay the project timeline.

5. Account Access and Security

To provide services, VYRA Data may need access to your third-party accounts or platforms.

You agree to provide access in a secure and appropriate way. Where possible, you should use user permissions, delegated access, temporary credentials, or role-based access instead of sharing master passwords.

You are responsible for maintaining ownership and security of your accounts, domains, hosting, website platforms, social media profiles, payment accounts, and business systems.

VYRA Data is not responsible for losses caused by weak passwords, unauthorized account access, platform breaches, third-party downtime, account restrictions, client-side permission changes, or security practices outside our control.

6. Fees and Payment

Fees will be listed in the applicable proposal, invoice, subscription plan, package description, or written agreement.

Unless otherwise stated:

• Fees are due according to the payment terms on the invoice or agreement.
• Monthly services are billed in advance.
• Project-based services may require a deposit before work begins.
• Late payments may pause work or delay delivery.
• All fees are exclusive of applicable taxes unless stated otherwise.

Taxes. Canadian customers are charged Goods and Services Tax / Harmonized Sales Tax (GST/HST) at the rate applicable to your province (currently 15% HST for Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island; 13% HST for Ontario; 5% GST plus applicable PST or QST elsewhere). International customers are responsible for any duties, VAT, or import taxes their jurisdiction imposes.

Payment processor. Card payments are processed by Stripe Inc. Stripe's terms and privacy policy govern card data handling. VYRA Data does not store full card numbers.

VYRA Data may suspend or terminate services if payment is overdue.

7. Subscriptions and Monthly Services

If you purchase a monthly service, subscription, retainer, or ongoing package, the service will continue on a recurring basis until cancelled according to the applicable cancellation terms.

Unless otherwise stated in writing:

• Monthly plans renew automatically each billing period.
• Unused monthly services, posts, hours, or deliverables do not roll over unless we agree in writing.
• Cancellation must be provided in writing.
• Cancellation takes effect at the end of the current paid billing period unless otherwise agreed.
• Fees already paid are non-refundable except where required by law or expressly agreed in writing.

8. No Long-Term Contract Unless Stated

If your package says “no contracts” or “cancel anytime,” that means you may cancel future recurring service periods according to the cancellation terms.

It does not mean that already-incurred fees, completed work, active project fees, deposits, third-party costs, or approved charges are automatically refundable.

Any minimum commitment, if applicable, will be stated in your proposal, invoice, or written agreement.

9. Refunds

Because VYRA Data provides custom digital services, strategy, creative work, planning, setup, and time-based service delivery, fees are generally non-refundable once work has started.

Refunds, if any, are at VYRA Data’s discretion unless otherwise required by law or stated in writing.

Deposits, onboarding fees, strategy fees, setup fees, rush fees, and third-party costs are non-refundable unless otherwise stated in writing. For the Insights SaaS subscription specifically, see Part B §35 for cancellation and refund terms. Full schedule at the Refund Policy.

10. Revisions and Approvals

The number of included revisions, if any, will be stated in your proposal, package, or agreement.

If no revision limit is stated, VYRA Data will provide reasonable revisions at its discretion before final approval.

A revision means a reasonable adjustment to the agreed deliverable. A revision does not include a new concept, new direction, new scope, new campaign, new page, new platform, or a complete restart unless agreed in writing.

Once you approve a deliverable, additional changes may require additional fees.

11. Content Publishing

If VYRA Data is responsible for scheduling, posting, uploading, or publishing content, we will rely on the information, assets, claims, and approvals you provide.

You are responsible for ensuring that all content is accurate, lawful, non-misleading, and appropriate for your business, industry, audience, and jurisdiction.

VYRA Data may refuse to publish content that we reasonably believe is unlawful, misleading, harmful, infringing, discriminatory, offensive, or likely to violate a platform’s rules. See the Acceptable Use Policy for prohibited categories.

12. Client Content and Materials

You retain ownership of materials you provide to VYRA Data, including your logo, brand assets, photos, videos, written materials, trademarks, and account information.

You grant VYRA Data a limited right to use, edit, reproduce, publish, display, and modify your materials solely as needed to provide the services.

You represent that you have all rights, licenses, permissions, and approvals necessary for us to use the materials you provide.

You agree not to provide materials that infringe another person’s rights, violate applicable law, or breach any agreement.

13. Ownership of Deliverables

Unless otherwise stated in writing, ownership of final paid deliverables transfers to you after full payment has been received.

Final paid deliverables may include approved graphics, written content, website pages, brand materials, campaign assets, and other final work products specifically created for you.

VYRA Data retains ownership of:

• Drafts, unused concepts, and rejected ideas.
• Internal processes, systems, methods, workflows, templates, code snippets, and know-how.
• Pre-existing materials owned by VYRA Data.
• General design styles, structures, layouts, and methods.
• Tools, automations, frameworks, and reusable components not created exclusively for you.
• Portfolio rights unless otherwise agreed in writing.

Third-party assets, software, plugins, fonts, stock materials, templates, platforms, or tools may be subject to separate licenses and may not be owned by you or VYRA Data.

14. Portfolio Use

Unless you request otherwise in writing, you allow VYRA Data to display completed work, business name, public-facing assets, screenshots, testimonials, or project descriptions in our portfolio, website, social media, case studies, sales materials, or marketing.

We will not intentionally disclose confidential information in portfolio materials.

15. Third-Party Platforms and Tools

VYRA Data may use or recommend third-party platforms, tools, software, hosting providers, website builders, analytics platforms, scheduling tools, ad platforms, payment processors, or integrations.

VYRA Data does not control third-party platforms and is not responsible for:

• Platform downtime.
• Pricing changes.
• Feature changes.
• Account suspensions.
• Data loss caused by third parties.
• API changes.
• Security incidents caused by third parties.
• Changes to algorithms, search rankings, reach, engagement, or platform rules.

Your use of third-party platforms may be governed by their own terms, policies, and fees.

16. No Guaranteed Results

VYRA Data works to provide professional, strategic, and high-quality services. However, we do not guarantee specific business outcomes.

We do not guarantee:

• Increased sales.
• Increased leads.
• Specific search rankings.
• Specific social media reach or engagement.
• Specific ad performance.
• Viral content.
• Platform approval.
• Customer behaviour.
• Revenue growth.
• Any particular return on investment.

Marketing, branding, websites, search visibility, social media, and business performance depend on many factors outside our control.

17. Website and Technical Services

If VYRA Data provides website-related services, you are responsible for maintaining ownership and control of your domain, hosting, platform subscription, payment method, and third-party accounts unless otherwise agreed.

VYRA Data is not responsible for website issues caused by:

• Hosting outages.
• Domain expiration.
• Plugin conflicts.
• Platform changes.
• Client edits.
• Third-party code.
• Malware or security incidents outside our control.
• Expired subscriptions.
• Unauthorized access.
• Failure to maintain backups unless backups are included in our service scope.

Website maintenance, backups, security monitoring, updates, and emergency support are included only if expressly stated in your service package or agreement. Care plan customers should also consult the Care SLA.

18. Confidentiality

Each party may receive confidential information from the other party.

Confidential information includes non-public business, financial, technical, marketing, account, customer, strategy, login, project, and operational information.

Each party agrees to use reasonable care to protect the other party’s confidential information and not disclose it except as needed to perform the services, comply with law, or obtain professional advice.

Confidentiality obligations do not apply to information that is publicly available, already known, independently developed, or lawfully received from another source.

19. Privacy

Your use of our website and services is also governed by our Privacy Policy.

The Privacy Policy explains how we collect, use, store, and protect personal information, names our subprocessors, and lists your statutory rights under PIPEDA, GDPR, CCPA/CPRA, and Quebec Law 25.

20. Acceptable Use

Your use of our website and services is governed by the Acceptable Use Policy. In summary, you agree not to use our website or services to:

• Violate any law or regulation.
• Infringe intellectual property rights.
• Send spam or unlawful commercial messages.
• Publish false, misleading, defamatory, discriminatory, or harmful content.
• Upload malware, viruses, or harmful code.
• Attempt unauthorized access to systems, accounts, or data.
• Harass, threaten, or abuse others.
• Interfere with our website, systems, services, or business operations.

VYRA Data may suspend or terminate services if you violate these Terms or use our services in a way that may create legal, reputational, security, or operational risk.

21. Testimonials and Reviews

If you provide a testimonial, review, feedback, or public comment about VYRA Data, you allow us to use it in our marketing, website, social media, proposals, or promotional materials.

We may edit testimonials for length, spelling, grammar, or clarity, provided we do not materially change the meaning.

22. Service Availability

We aim to provide reliable service, but we do not guarantee that our website, communications, systems, or services will always be available, uninterrupted, error-free, or secure. Specific uptime commitments for the Insights SaaS and the Care managed-hosting plan are set out in the Service Level Agreement and override this general disclaimer for those products.

We may update, suspend, limit, or discontinue parts of our website or services at any time.

23. Limitation of Liability

To the maximum extent permitted by law, VYRA Data will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunities, reputational harm, platform restrictions, or service interruptions.

To the maximum extent permitted by law, VYRA Data’s total liability for any claim related to our website, services, deliverables, or these Terms will not exceed the amount you paid to VYRA Data for the specific service giving rise to the claim during the three months before the claim arose.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

24. Indemnification

You agree to indemnify and hold harmless VYRA Data, its owners, employees, contractors, agents, and service providers from claims, damages, losses, liabilities, costs, and expenses arising from:

• Your breach of these Terms.
• Your misuse of our website or services.
• Materials, content, claims, or information you provide.
• Your violation of law.
• Your violation of third-party rights.
• Your products, services, business operations, or customer relationships.
• Your failure to obtain required approvals, permissions, or licenses.

25. Termination

Either party may terminate services according to the applicable agreement, subscription terms, or cancellation policy.

VYRA Data may suspend or terminate services immediately if:

• Payment is overdue.
• You breach these Terms.
• You fail to provide required information or access.
• You request unlawful, misleading, harmful, or unethical work.
• Continuing the relationship creates legal, reputational, operational, or security risk.
• You behave in a threatening, abusive, or inappropriate manner.

Upon termination, you remain responsible for all fees, expenses, and approved charges incurred up to the termination date. For Insights SaaS termination effects, see Part B §40.

26. Force Majeure

VYRA Data will not be responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, power outages, internet outages, labour disruptions, illness, emergencies, acts of government, platform outages, cyber incidents, payment processor issues, supply chain disruptions, or other events outside our control.

27. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Nova Scotia and the applicable laws of Canada, without regard to conflict-of-laws principles.

Dispute resolution. Before filing a lawsuit, both parties agree to attempt to resolve any dispute through the following sequence:

• Good-faith negotiation (30 days). The party raising the dispute will send a written notice to support@vyradata.com with the subject “Legal Notice,” describing the issue and the remedy sought. The parties will negotiate in good faith for at least 30 days.
• Mediation. If the dispute is not resolved by negotiation, the parties will attempt non-binding mediation in Halifax, Nova Scotia, with a mediator they agree on. Each party pays its own costs; mediator fees are shared equally.
• Courts. Disputes not resolved by mediation may be brought in the Supreme Court of Nova Scotia or, for matters within its jurisdiction, the Small Claims Court of Nova Scotia. The parties consent to the personal jurisdiction of those courts.

No mandatory arbitration. Nothing in this clause requires arbitration. Consumer-protection statutes that grant a right to a public forum or class action remain available where applicable law preserves them.

Injunctive relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction without first completing the sequence above, where necessary to protect intellectual property, confidential information, or to prevent imminent harm.

28. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the “Last updated” date at the top of this page.

30-day notice for material changes affecting paid SaaS customers. For changes that materially affect the rights of paying Insights SaaS subscribers (pricing, SLA, data handling, dispute resolution), we will give at least 30 days’ notice by email and in-app banner before the change takes effect. If you do not agree to a material change, you may cancel before it takes effect and we will refund any prepaid amounts for periods after the effective date.

For non-material changes (clarifications, typographical fixes, small operational updates) changes are effective on posting.

For active client service agreements (Foundation, Build, Care, etc.), material changes will not override specific written terms already agreed for a current project unless permitted by the agreement or accepted by both parties.

29. Contact (Services)

For questions about these Terms or our services, contact:

30. Scope of Part B

Part B governs your subscription to Insights. By creating an Insights account, paying a subscription invoice, or accessing app.vyradata.com, you agree to Part B in addition to Part A.

31. Accounts, Seats, and Organizations

• One human per seat. A seat is for one named human. Sharing a login is a breach of these Terms and grounds for suspension.
• Organizations. Insights organizations may have multiple seats. Organization administrators add and remove seats, manage roles, and configure billing.
• Roles. Insights supports owner, administrator, member, and viewer roles. Access is enforced by role-based access control (RBAC).
• Account hygiene. You are responsible for keeping seat membership current. Promptly remove seats for people who leave your organization.

32. Subscription, Billing, Auto-Renewal

• Insights is offered on monthly and annual billing terms.
• Subscriptions auto-renew at the end of each term until cancelled per §35.
• Annual plans receive an annual discount stated at checkout.
• Applicable taxes (GST/HST/PST/QST for Canadian customers) are added at checkout.
• Payments are processed by Stripe. If a charge fails, we will retry for a 7-day grace period. After 14 days of non-payment we may suspend access until the account is brought current.
• Prices may change. Existing subscribers receive 30 days’ notice of a price change before the next renewal (see Part A §28).

33. Free Tier — Founder Accounts

Accounts whose verified email matches the VYRA_ADMIN_EMAILS list maintained by VYRA Data receive unlimited free access to Insights. This is a permanent product policy, not a promotional rate. The list is maintained by VYRA founders and is not customer-configurable.

34. Trial Terms

VYRA Data does not currently offer a free trial of Insights. Subscriptions begin on the date you complete checkout and the first invoice is processed.

Founder accounts on the free tier under §33 are the only no-cost access path. If we introduce a trial in the future, the trial terms (length, conversion behaviour, refund window) will be posted here and at the checkout flow before they take effect.

35. Cancellation and Refunds

• Cancel anytime in-app. Cancel under Settings → Billing → Cancel subscription. Cancellation takes effect at the end of the current paid period.
• Continued access. You retain access until the end of the paid period. No prorated refunds for partial months.
• Annual plans. If you cancel an annual plan mid-term, we pro-rate a refund for full unused months only (we do not refund partial months). Refunds are returned to the original payment method.
• SLA credits. Service credits issued under §36 are applied to the next invoice and do not extend the term.
• Stripe disputes. Please email support@vyradata.com before initiating a chargeback. Most disputes are resolved faster directly.

36. SLA — Insights Uptime

VYRA Data commits to 99.9% monthly uptime for the Insights application, measured outside Scheduled Maintenance and Excluded Events as defined on the Insights SLA page.

Service credit schedule:

• Monthly uptime <99.9% but ≥99.0%: 10% service credit.
• Monthly uptime <99.0% but ≥95.0%: 25% service credit.
• Monthly uptime <95.0%: 50% service credit.

Credits are calculated against the monthly fee for the affected subscription, are capped at 50% of one month’s fee, and must be requested within 30 days of the incident via support@vyradata.com. Service credits are the sole and exclusive remedy for uptime failures. Full SLA definitions, measurement methodology, and exclusions at /sla.

37. Customer Data Ownership

You own your data. Customer Content (everything you upload, generate, or connect to Insights) remains yours. VYRA Data receives a limited, worldwide, non-exclusive licence to host, process, display, transmit, and analyze Customer Content solely to provide the service to you.

We do not use Customer Content for advertising. We do not sell Customer Content. We do not train AI models on Customer Content (see Privacy §5).

38. AI Output Ownership

Drafts and outputs generated by Vyn from your Customer Content are deemed your Customer Content. VYRA Data retains no ownership in your outputs.

Aggregated, anonymized telemetry (which features are used, error rates, performance traces, anonymous engagement metrics) belongs to VYRA Data and is used to operate and improve the service.

39. Data Export and Portability

At any time during an active subscription, you may export your data via Settings → Export in Insights. Exports are provided in machine-readable formats (CSV and JSON) and include:

• Account, seat, and organization metadata.
• Your Customer Content and AI outputs.
• Cached data pulled from your authorized OAuth connections.
• Invoices and billing history.

On account deletion, you have a 30-day window to download a final export. After that window, your Customer Content is permanently deleted from primary storage. Database backups roll off within 35 days.

40. Suspension and Termination

VYRA Data may suspend or terminate Insights access for:

• Non-payment beyond the 14-day grace period under §32.
• Violation of the Acceptable Use Policy.
• A confirmed security incident on your account that we cannot otherwise contain.
• Lawful order, subpoena, or compulsion from a competent authority.

Effects of termination. Access is disabled. You have 30 days to download a final export (§39). After that window, Customer Content is permanently deleted from primary storage. Backups roll off within 35 days.

You may terminate at any time per §35.

41. Third-Party Platform Terms

When you connect a third-party platform to Insights, you authorize VYRA Data to access data on that platform under the OAuth scopes you grant. The third-party platform's terms continue to apply.

• Meta (Pages, Ads, Instagram) is subject to the Meta Platform Terms and Developer Policies.
• Google (Analytics, Search Console, Ads, YouTube Data, Tag Manager) is subject to the Google API Services User Data Policy.
• Apple (Apple Search Ads, App Store Connect) is subject to the Apple Developer Program License Agreement.

For platform data, VYRA Data acts as your data processor; you remain the data controller. Your responsibility includes obtaining any consents required by the platform or applicable law (for example, end-user consent for ad-pixel data, customer-list audiences, or page-engagement data).

42. DPA, AUP, Security, Subprocessors

The following supplementary documents are incorporated into these Terms by reference:

• Data Processing Agreement (DPA)
• Acceptable Use Policy (AUP)
• Security Overview
• Subprocessor List
• Service Level Agreement (SLA)

By using Insights, you agree to these supplementary documents. If you require a signed counterpart of the DPA, email support@vyradata.com with the subject “DPA Request”.