These Terms & Conditions (the "Terms") govern your access to and use of the website, services, and products provided by Fractional Creative Inc. ("Fractional," "we," "us," or "our"). By accessing our website, submitting an application, purchasing a service, or otherwise engaging with Fractional, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our services or website.
1. Company Information
Fractional Creative Inc. is operated from:
Address:Unit #210, 347 Leon Ave.Kelowna, BC V1Y 8C7Canada
Support Email:team@byfractional.com
2. Overview of Services
Fractional provides retainer-model professional services, including but not limited to:
- Media buying (Google Ads, Meta Ads, and combined ad management)
- Website development, automation development, and custom technical development
- Custom AI development, including air-gapped and connected AI systems
- Growth & conversion audits
- Turnkey brand-build services for specific industries (e.g., telehealth)
Specific service details, deliverables, and terms are outlined on our website or in a written agreement provided at the time of engagement.
3. Retainer-Based Services
3.1 Service Structure
Some of Fractional's services are offered on an ongoing retainer basis rather than as one-off project delivery. Each service line has a minimum initial term, generally three (3) months, unless a different term is agreed to in writing at the time of engagement. Exact terms are confirmed during onboarding for each project.
3.2 Renewal
Following the initial minimum term, retainers continue on a month-to-month basis until canceled by either party in accordance with Section 6.
3.3 Turnaround and Delivery
While we aim to work efficiently and consistently, timelines are estimates and not guarantees. Work is prioritized based on active requests, scope, and current capacity.
3.4 No Guaranteed Results
We do not guarantee specific outcomes, performance metrics, traffic, revenue, or advertising results. All services are provided on a best-effort basis. This applies to all services offered, including AI systems described in Section 4.
4. AI Systems and Limitations
4.1 Nature of AI Outputs
Some of our services involve building, deploying, or otherwise using artificial intelligence ("AI") systems, whether connected to the internet or fully air-gapped. AI systems, by their nature, can produce answers, summaries, recommendations, or other outputs that are incomplete, outdated, or factually incorrect. This applies regardless of how the underlying system is built, trained, or deployed, including air-gapped systems built specifically for your business.
4.2 No Warranty of Accuracy
Fractional does not warrant that any AI system we build, configure, or deploy will produce outputs that are accurate, complete, or fit for any particular purpose. You are responsible for independently verifying any AI-generated output before relying on it for decisions that carry legal, financial, medical, safety, or other material consequences for your business, employees/staff, or its customers.
4.3 Human Oversight Recommended
We strongly recommend that any AI system deployed as part of our services include a meaningful human review step before its outputs are used for decisions with material consequences. We are available to advise on appropriate human-in-the-loop safeguards as part of scoping any AI project, but the ultimate decision to rely on a given AI output, and any resulting consequences, rests with you.
4.4 Client-Facing AI Tools
If an AI system we build is deployed in a way that interacts directly with your customers, patients, or the public (for example, an AI-powered scheduling or intake tool), you are responsible for ensuring that use complies with applicable law in your jurisdiction and industry, including any required disclosures that an AI system is involved. We will advise where we reasonably can, but compliance obligations specific to your industry remain your responsibility.
4.5 Third-Party AI Models
Some AI systems we build may rely on third-party AI models or infrastructure providers. We are not responsible for the accuracy, availability, or behavior of any underlying third-party AI model, except to the extent we have separately agreed to in writing.
5. Payments and Billing
5.1 Fees
All fees are clearly communicated prior to service activation. Prices are subject to change with notice, provided via email.
5.2 Billing Cycle
Subscriptions are billed monthly unless otherwise specified. Payment is required to maintain access to services.
5.3 Late or Failed Payments
Failure to process payment may result in paused services, suspension of access, or termination of services.
6. Cancellations
Clients may cancel services after satisfying the applicable minimum term outlined in Section 3, with written notice provided according to the terms outlined at the time of subscription. Services remain active until the end of the current billing period unless stated otherwise.
No refunds are provided for partial billing periods.
7. Client Responsibilities
You agree to:
- Provide accurate and complete information during onboarding
- Respond to requests for clarification or approvals in a timely manner
- Ensure you have rights to any content, logos, or materials you provide
- Independently review and verify any AI-generated output before relying on it, per Section 4
Fractional is not responsible for delays caused by missing or incorrect information.
8. Intellectual Property
8.1 Client Materials
You retain ownership of materials you provide to us.
8.2 Work Product
8.2.1 Ownership.
Upon payment, all deliverables produced for your business are owned by you. This includes, without limitation, websites, custom AI systems built under a Custom AI Development engagement, advertising creative and ad assets, and any other work product delivered as part of an active engagement. Fractional retains the right to display completed work for portfolio or promotional purposes unless otherwise agreed in writing.
8.2.2 Attribution.
Websites and Ai systems built by Fractional include "ByFractional" branding and a link to our website in the site footer or system settings (air-gapped systems will include branding only). This attribution is a standard condition of our development services and remains in place unless its removal is separately agreed to in writing.
8.3 Custom AI Systems
Where we build a custom AI system for you under a Custom AI Development engagement, ownership of the resulting system, its configuration, and any client-specific training data is granted to you upon payment, consistent with Section 8.2. Underlying general-purpose tools, frameworks, or models we use to build the system remain our property or that of the relevant third-party provider.
9. Confidentiality
Both parties agree to keep confidential information private unless disclosure is required by law or permitted in writing.
10. Third-Party Services
Fractional may rely on third-party tools, platforms, or providers, including third-party AI infrastructure. We are not responsible for outages, errors, or changes caused by third-party services.
11. Limitation of Liability
To the maximum extent permitted by law, Fractional shall not be liable for any indirect, incidental, consequential, or special damages, including loss of revenue, data, or business opportunities, including any such damages arising from reliance on AI-generated, materials/assets, code, or websites output.
Our total liability shall not exceed the fees paid by you in the two months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Fractional from any claims arising from your use of the services, violation of these Terms, or infringement of third-party rights.
13. Termination
We reserve the right to terminate or suspend access to services at our discretion if these Terms are violated.
14. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
15. Changes to These Terms
We may update these Terms from time to time. Continued use of our services constitutes acceptance of the updated Terms.
16. Contact
If you have questions about these Terms, please contact:
team@byfractional.com