Terms of Service

By visiting our website, submitting a contact form, or entering into a proposal, you confirm that you are legally able to enter a binding agreement and that you accept these Terms of Service.

If an organization engages Fynest, the individual doing so represents that they have authority to bind the organization to these terms.

We provide product strategy, design, engineering, quality assurance, and related consulting services. The scope, timeline, and deliverables for any engagement will be detailed in a separate proposal or statement of work that both parties approve.

To keep projects running smoothly, we rely on timely collaboration. When working with Fynest, you agree to:

• Provide accurate information, requirements, and feedback within agreed timeframes.
• Assign a primary point of contact who can make decisions and approvals.
• Ensure that any third-party assets, content, or data you provide may legally be used in the project.

Rates and payment schedules are outlined in each proposal or invoice. Unless otherwise stated, invoices are due within 14 days of receipt.

Late payments may pause work and are subject to a late fee or interest as allowed by law. Deposits or retainers paid to secure project start dates are non-refundable unless explicitly stated in writing.

You retain ownership of all assets and materials you provide. Upon your full payment for a deliverable, Fynest assigns ownership of the final work product to you, unless otherwise laid out in the signed agreement.

Fynest retains ownership of internal tools, reusable components, processes, and know-how developed before or outside the engagement. We may also showcase non-confidential aspects of completed work in our portfolio unless you request otherwise in writing.

Both parties agree to keep confidential any non-public information shared during an engagement. Confidential information includes business strategies, customer data, proprietary technology, or other materials marked as confidential.

These obligations remain in effect for three years after a project ends, or for as long as information remains confidential by its nature.

We warrant that services will be performed with reasonable care and skill. Except as expressly stated, Fynest disclaims all other warranties, including implied warranties of merchantability or fitness for a particular purpose.

We do not guarantee that any deliverable will be error-free or achieve specific business outcomes. Your implementation, hosting environment, and third-party integrations are outside of our control.

To the fullest extent permitted by law, Fynest’s total liability for any claim arising out of an engagement is limited to the fees you paid to us in the three months preceding the event giving rise to the claim.

We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or data, even if advised that such damages were possible.

You agree to indemnify and hold Fynest harmless from any third-party claims, damages, or liabilities arising from your misuse of our deliverables, your breach of these terms, or your violation of any law or third-party rights.

Either party may terminate an engagement with written notice if the other party materially breaches these terms and does not cure the breach within 10 days of notice. Termination does not relieve you of the obligation to pay for work already performed or expenses incurred.

Sections covering confidentiality, intellectual property, limitation of liability, and indemnification survive termination.

These terms are governed by the laws of Quebec, Canada, without regard to conflict of law principles. Any disputes will be handled in the provincial or federal courts located in Montreal, Quebec, and both parties consent to that jurisdiction.

We may update these Terms of Service to reflect changes in our operations or legal requirements. When we do, we will update the “Last updated” date at the top and, when appropriate, provide additional notice.