Terms & Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of the website thedonutagency.com (the “Site”) and any services, content, or features made available through the Site (collectively, the “Services”) by Nyx Digital Innovations Ltd., doing business as The Donut Agency (“The Donut Agency,” “we,” “us,” or “our”). By using the Site or the Services you agree to these Terms. If you do not agree, do not use the Site.

You must be at least 18 years old and have legal authority to enter into a binding agreement on behalf of yourself or, if applicable, the company you represent.

The Site provides information about The Donut Agency's retention marketing services and lets you book an introductory call or audit. Any engagement to provide paid services beyond that will be governed by a separate written agreement (a master services agreement or statement of work). These Terms apply only to your use of the Site itself.

We may add, change, suspend, or discontinue any part of the Site or Services at any time, without notice.

When you book a call through the Site (e.g. via Calendly), you agree to provide accurate information. We may cancel or reschedule any booking at our discretion, including for suspected misuse, no-shows, or insufficient information.

By booking a call or submitting your details, you consent to receive electronic communications from us, including emails about your request and marketing emails about our services. You can withdraw your consent to marketing at any time via the unsubscribe link in any email. See our Privacy Policy for how we collect, use, and share your information.

You agree not to:

• Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to any part of the Site, its systems, or other users' accounts;
• Interfere with or disrupt the Site, including by scraping, automated querying, or denial-of-service activity;
• Use the Site or its content to develop, train, or evaluate machine-learning models without our prior written consent;
• Misrepresent your identity, affiliation, or company.

The Site — including all text, graphics, layout, logos, code, case studies, and other content — is owned by us or our licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without our prior written permission, except for personal, non-commercial viewing.

Client logos and quotations shown on the Site are used with permission and remain the property of their respective owners.

If you submit information to us through forms, email, or a booked call (e.g. your goals, marketing data, or contact details), you represent that you have the right to share it and you grant us a non-exclusive, royalty-free, worldwide licence to use that information to respond to you, deliver the requested services, and improve our offerings, subject to our Privacy Policy.

The Site may link to or embed third-party services (e.g. Calendly, Meta, Google, Klaviyo). We are not responsible for the content, accuracy, or privacy practices of any third party. Your use of any third-party service is subject to that party's own terms.

The Site and the Services are provided “as is” and “as available”, without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Any results, case studies, percentages, or examples shown are illustrative and not a guarantee of any particular outcome.

To the maximum extent permitted by law, in no event will The Donut Agency, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or the Services, even if advised of the possibility of such damages. Our total aggregate liability for any claim relating to the Site or these Terms will not exceed CAD $100.

You agree to indemnify and hold harmless The Donut Agency, its affiliates, and their respective officers, directors, employees, and agents from any claim, liability, loss, or expense (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site or Services.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The courts located in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to the personal jurisdiction of those courts.

We may suspend or terminate your access to the Site at any time and for any reason, including breach of these Terms. Sections that by their nature should survive termination will survive, including sections on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

We may update these Terms from time to time. The updated version will be posted here with a new “Last updated” date. Continued use of the Site after a change constitutes acceptance of the updated Terms.

Questions about these Terms? Contact us at khaled@turningtraffic.net or:
Nyx Digital Innovations Ltd. dba The Donut Agency
1110 — 5 Brockley Dr., Scarborough, ON, Canada