1. Agreement to terms
These Terms of Service (“Terms”) are a binding agreement between you (“Client,” “you,” “your”) and PositionMySite (“Company,” “we,” “us,” “our”) for use of positionmysite.ca, SEO Site Signals at tools.positionmysite.com, and related services we provide.
By accessing or using our services, you agree to these Terms. If you do not agree, do not use our services. You also agree to our Privacy Policy, which describes how we collect and process personal information.
2. Third-party services
Our websites and products may rely on third-party services (hosting, analytics, payment processing, advertising measurement, social login buttons, etc.). Those providers have their own terms and privacy policies. You agree to comply with applicable third-party rules when you choose to use features that depend on them.
If we implement tools from Meta (Facebook, Instagram) or similar platforms on our properties, use of those features is also subject to the provider’s terms. Nothing in these Terms authorizes you to misuse another company’s APIs, user data, or brand assets. If we deliver a product for your business that connects to third-party platforms, you are responsible for your relationship with your end users and for meeting that platform’s requirements (including your own privacy policy where required).
3. Services overview
PositionMySite provides:
- Custom web and application development
- SEO services and consulting
- AI and machine learning solutions
- Digital marketing strategy and implementation
- SEO Site Signals — subscription analytics and monitoring
4. Account registration
4.1 Account creation
For certain services (including SEO Site Signals), you may need an account. You agree to provide accurate information, keep it updated, protect your credentials, accept responsibility for activity under your account, and notify us promptly of unauthorized use.
4.2 Eligibility
You must be at least 18 and able to enter a binding contract.
5. SEO Site Signals subscription terms
5.1 Plans
Plans and pricing are described at tools.positionmysite.com/pricing.
5.2 Billing
You pay fees for your selected plan. Subscriptions renew automatically unless you cancel before renewal. We accept payment methods shown at checkout. Failed payments may result in suspension after notice. We may change pricing with 30 days’ notice.
5.3 Free trials
Trials convert to paid plans unless you cancel before the trial ends. No refunds for post-trial charges you did not cancel.
5.4 Cancellation and refunds
You may cancel via account settings or support. Cancellation takes effect at the end of the billing period. Monthly plans: no partial-month refunds. Annual plans: pro-rated refunds may be available within 30 days of purchase where stated. No refunds for Terms violations or abuse.
5.5 Fair use
You must stay within plan limits and not abuse or circumvent them. We may throttle or suspend accounts that exceed fair use.
5.6 SEO Site Signals — your information and how we use it
SEO Site Signals is PositionMySite’s subscription SEO analytics and monitoring product hosted at tools.positionmysite.com. When you subscribe or use the platform, we collect and use information as follows:
- Account and profile: name, email address, company name, password or authentication credentials (stored securely), and preferences you set in the product.
- Billing: billing address, subscription plan, payment status, transaction references, and invoices. Full payment card numbers are processed by our payment service provider—we do not store complete card data on our own servers (see Section 5.7).
- Product usage: domains, URLs, and properties you add for analysis; SEO metrics, scores, and reports we compute or display; API or export activity; and technical logs needed to operate and secure the service.
- Optional integrations: if you connect third-party services (for example, Google Search Console), we access only the data and scopes you authorize, to display results inside SEO Site Signals.
- Support: information you provide when you contact [email protected] or similar channels.
We use this information to provide, bill, and support your subscription; improve features and reliability; detect abuse, fraud, and security incidents; communicate about your account, service changes, or legal matters; and comply with law. Aggregated or de-identified statistics may be used to understand product usage. For broader privacy rights (access, deletion, etc.), see our Privacy Policy.
5.7 Payments (credit and debit cards, Apple Pay, Google Pay)
Subscription fees for SEO Site Signals are processed by a PCI-DSS compliant payment service provider (such as Stripe or another processor identified at checkout). Depending on your device and browser, you may pay using:
- Credit and debit cards (Visa, Mastercard, American Express, and other brands shown at checkout)
- Apple Pay, where available on supported Apple devices
- Google Pay, where available on supported browsers and Android devices
When you pay with Apple Pay or Google Pay, your card details are provided to the payment processor through Apple’s or Google’s wallet flow; PositionMySite receives confirmation of the charge, subscription status, and transaction references needed for billing history—not your full card number. The processor’s privacy policy and terms govern how they handle payment method data.
By subscribing, you authorize us (through our processor) to charge your selected payment method for recurring fees until you cancel in accordance with these Terms. If a charge fails, we may retry and may suspend access until payment succeeds.
6. Custom services and projects
6.1 Scope
Custom development, SEO, AI, and consulting are governed by a Statement of Work (SOW) or project agreement when provided. The SOW prevails over these Terms if they conflict.
6.2 Payments
Typical terms include deposits (often 50%), milestone payments, final payment before delivery, and late fees as stated in the SOW.
6.3 Client responsibilities
You provide timely feedback, assets, access, and a primary contact. Delays on your side may extend timelines and incur additional fees.
7. Intellectual property
7.1 Our IP
Our trademarks, platform code (excluding your custom deliverables), documentation, and branding remain ours unless otherwise agreed.
7.2 Deliverables
Upon full payment, you typically own project-specific deliverables. We retain rights to pre-existing libraries, methods, and general know-how. We may showcase work in our portfolio unless agreed otherwise in writing.
7.3 Your content
You retain ownership of content you supply. You grant us a limited license to use it to perform services for you.
8. User conduct and prohibited activities
You agree not to:
- Violate laws or third-party rights, or breach another company’s platform terms when using integrations on our services.
- Use our services for fraud, spam, malware, or unauthorized access.
- Scrape, overload, or disrupt our systems without permission.
- Impersonate others or share account credentials improperly.
- Resell our services without authorization.
- Use SEO Site Signals to monitor third-party sites without proper authority.
- Misuse data obtained through third-party APIs or integrations in violation of those providers’ rules or applicable consent.
9. Service availability and modifications
We aim for reliable uptime but do not guarantee uninterrupted access. We may modify or discontinue features with or without notice and are not liable for such changes.
10. Disclaimers
Services are provided “as is” and “as available.” We disclaim implied warranties to the fullest extent permitted by law. We do not guarantee specific SEO rankings, traffic, revenue, or other outcomes. Third-party integrations (Google, Meta, hosting, etc.) are not under our control.
11. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability for a claim is limited to the greater of fees you paid us in the 12 months before the claim or CAD $500.
12. Indemnification
You will indemnify us against claims arising from your use of services, your breach of these Terms, your content, or your violation of third-party rights (including misuse of third-party platforms or APIs).
13. Termination
You may terminate your account as described for subscriptions. We may suspend or terminate for breach, fraud, extended inactivity, or discontinuance of services. Provisions that should survive (including IP, liability limits, indemnity) survive termination.
14. Dispute resolution
These Terms are governed by the laws of the Province of Ontario, Canada, excluding conflict-of-law rules. Contact [email protected] for informal resolution. Parties agree to attempt mediation before litigation where reasonable. Courts in Toronto, Ontario, have exclusive jurisdiction unless prohibited by law.
15. General provisions
These Terms, the Privacy Policy, and any SOW form the entire agreement. If a provision is unenforceable, the remainder stays in effect. Failure to enforce is not a waiver. You may not assign without our consent; we may assign freely. We are not liable for events beyond our reasonable control.
16. Changes to these terms
We may update these Terms by posting them here and updating the effective date. Material changes may be emailed where appropriate. Continued use after the effective date constitutes acceptance.
17. Contact
PositionMySite
General: [email protected]
Legal: [email protected]
SEO Site Signals support: [email protected]
Website: positionmysite.ca
Locations: Toronto, ON, Canada · Tampa, FL, USA
These Terms are not legal advice. Have qualified counsel review them for your situation.