TERMS & CONDITIONS
Last updated: 06/01/2025
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between ToastedBread Inc., a corporation organized under the laws of Canada and located in Toronto (“ToastedBread”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of ToastedBread’s website: https://www.thetoastedbread.com (the “Website”) and any other media form, channel, mobile website, mobile application, or design services related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website and design services, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and ToastedBread shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay ToastedBread for services rendered shall remain and continue to be an ongoing obligation owed by Client to ToastedBread.
- Intellectual Property Rights
Unless otherwise indicated, the Website and design services are the property of ToastedBread and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (collectively or individually, the “Content”), and the trademarks, service marks, and logos contained thereon (the “Marks”), are owned and controlled by ToastedBread and are protected by copyright and trademark laws and applicable intellectual property laws or regulations of Canada, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and design services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without ToastedBread’s express prior written permission. ToastedBread reserves all rights in the Website, Content, Marks, and design services.
- Ownership of Materials
Notwithstanding ToastedBread’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause ToastedBread to become the owner of a Project, in whole or in part, rather than Client, ToastedBread irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.
Client warrants that any and all materials provided to ToastedBread as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, intellectual property rights and rights of publicity.
ToastedBread always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless otherwise agreed as stated in section 18.
- Third-Party Fonts
If any Project incorporates fonts that are not owned by ToastedBread and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), ToastedBread will inform Client in writing and advise them to purchase the required licenses. ToastedBread will provide sufficient information to allow the Client to identify and acquire the necessary licenses. Once informed, Client assumes full responsibility for licensing these fonts and any consequences of failing to do so.
- User Representations
By using the Website or design services, Client represents and warrants that:
- Client has legal capacity and agrees to comply with these Terms of Use;
- Client is not a minor in the jurisdiction of their domicile;
- Client will not access the Website or design services through automated or non-human means;
- Client will not use the Website or design services for illegal or unauthorized purposes;
- Client’s use will not violate any applicable law or regulation.
- Prohibited Activities
Client shall not access or use the Website or design services for any purpose other than those for which they are made available. Client agrees not to:
- Make unauthorized use of the Website or design services;
- Retrieve data or content to compile a database or directory;
- Circumvent security features;
- Frame or link the Website without authorization;
- Mislead or defraud ToastedBread or others;
- Interfere with or disrupt the Website or ToastedBread’s systems;
- Compete with ToastedBread using the Website or design services;
- Reverse engineer any software;
- Upload malicious code;
- Harm ToastedBread’s reputation;
- Violate any law, statute, or regulation.
- Client Feedback
Any suggestions, feedback, or submissions (“Submissions”) provided to ToastedBread become ToastedBread’s sole property. ToastedBread may use and disseminate such Submissions for any lawful purpose without acknowledgment or compensation to the Client, except as outlined in Paragraph 2.
- Management and Oversight
ToastedBread may monitor use of the Website and design services and take legal action in response to violations. Access may be restricted or denied at ToastedBread’s discretion, without notice or liability.
- Privacy Policy
By using the Website or design services, Client agrees to ToastedBread’s Privacy Policy. The Website is hosted in Canada. Access from other regions may invoke different data laws. Continued use constitutes consent to data transfer and processing in Canada. ToastedBread does not knowingly collect data from users under 18.
- Returns and Refunds
All services are non-refundable. Approved refunds may incur a fee, and ToastedBread may pursue legal action for breach.
- Modification
ToastedBread reserves the right to change or remove any content or service on the Website or within the design services without notice or liability.
- Connection Interruptions
ToastedBread does not guarantee uninterrupted availability of the Website or design services. Client agrees ToastedBread is not liable for downtime or service disruption.
- Governing Law
These Terms are governed by the laws of Canada, Province of Ontario, without regard to conflict of laws.
- Litigation
Legal action shall be brought in Toronto, Ontario. Both parties consent to personal jurisdiction there. The UN Convention on Contracts for the International Sale of Goods and the UCITA are excluded.
- Disclaimer
The Website and design services are provided “as-is.” ToastedBread disclaims all warranties, express or implied, including merchantability, fitness, and non-infringement. ToastedBread assumes no liability for inaccuracies, data loss, viruses, or other issues resulting from use of the Website or design services.
- Limitations of Liability and Indemnification
ToastedBread and its agents are not liable for direct or indirect damages. Client agrees to indemnify and hold harmless ToastedBread from claims arising from use of the Website or design services, violation of these Terms, or third-party rights. ToastedBread reserves the right to control any claim defense at Client’s expense.
- User Data
Client is responsible for all data associated with their activity. ToastedBread shall not be liable for data loss or corruption.
- Electronic Communications, Transactions, and Signatures
Client consents to receive electronic communications and agrees these satisfy legal communication requirements. Client agrees to electronic records and signatures.
- Licensing
Client assumes full responsibility for unauthorized use of images, fonts, or other content. ToastedBread’s licenses are not transferrable unless explicitly stated.
- Showcasing Client Work
ToastedBread reserves the right to showcase Client work unless restricted by a signed NDA.
- Miscellaneous
These Terms and any posted policies constitute the full agreement between Client and ToastedBread. If any provision is found invalid, it will be severed without affecting the remaining provisions. Nothing herein creates a joint venture, partnership, or employment relationship.
- Contact Information
For questions or complaints regarding the Website or design services, contact:
📧 letstalk@thetoastedbread.com
