Digital Uplift Project Terms of Use

These Terms of Use (“Terms”) are a legally binding contract between you (“you” or “User”) and the Digital Uplift Project (“we,” “us,” “our”), an Ontario-based not-for-profit organization. These Terms govern your access to and use of our website located at digitalupliftproject.com (the “Site”) and any related services, programs or content (collectively, the “Services”).

We provide various Services, including digital skills training, STEM programs and digital branding projects for small businesses. A significant portion of our Services are delivered through our “Student Capstone Model,” where students enrolled in educational programs perform work under the guidance of our staff and partners (such as Monarch Digital Studio and MOA Career Academy).

  1. Educational Context: The Services are performed by students as a core component of their educational experience, not by professional consultants or a commercial agency.
  2. “AS IS” and “AS AVAILABLE” Basis: All work product, advice and deliverables (“Deliverables”) are provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind.
  3. No Guarantee of Outcome: We do not guarantee that the Services or Deliverables will be error-free, meet your business requirements, increase your revenue or be fit for any particular purpose. Timelines are estimates and may be adjusted to meet educational needs.
  4. Assumption of Risk: You assume all risks associated with using student-created Deliverables, including the risk of design flaws, code errors, security vulnerabilities or other defects.
  1. Our Content: All content on the Site, excluding User Content, including text, graphics, logos and software, is the property of the Digital Uplift Project or its licensors and is protected by copyright and other intellectual property laws.
  2. Pre-Existing IP: We and our partners retain all rights to any intellectual property owned or developed by us prior to or independent of, any client project (“Pre-Existing IP”).
  3. Client Content: You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce and modify any content you provide to us (“Client Content”) for the sole purpose of performing the Services for you. You represent and warrant that you have all necessary rights to grant us this license.
  4. License to Final Deliverables: Upon your full compliance with these Terms and project completion, we grant you a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce and display the final, client-facing version of the Deliverables for your internal business purposes. FOR GREATER CERTAINTY, YOU DO NOT RECEIVE OWNERSHIP OF THE DELIVERABLES, THEIR SOURCE CODE, OR ANY PRE-EXISTING IP.
  5. Portfolio Rights: You agree that the Digital Uplift Project, our partners and the participating students retain a perpetual, worldwide right to use, display and showcase the Deliverables in our respective portfolios, websites and promotional materials.

You agree to use our Site and Services responsibly and not to:

  1. Harass, abuse or harm another person.
  2. Submit false or misleading information in connection with our Services.
  3. Violate any applicable laws or regulations.
  4. Interfere with the security or functionality of our Site or attempt to gain unauthorized access to our systems.

Our Site may contain links to third-party websites, including our partners like the ACE Foundation and MOA Career Academy. These links are provided for convenience only. We do not endorse and are not responsible for the content, privacy policies or practices of any third-party websites. Your interactions with them are at your own risk.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

  1. WARRANTY DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY ONTARIO AND CANADIAN LAW, IN NO EVENT SHALL THE DIGITAL UPLIFT PROJECT, ITS DIRECTORS, OFFICERS, PARTNERS (INCLUDING MONARCH DIGITAL STUDIO, MOA CAREER ACADEMY, AND THE ACE FOUNDATION), EMPLOYEES, AGENTS, STUDENTS, OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR DELIVERABLES.
  3. LIABILITY CAP: IN THE EVENT THAT THE ABOVE LIMITATION IS FOUND TO BE UNENFORCEABLE, THE TOTAL AGGREGATE LIABILITY OF THE DIGITAL UPLIFT PROJECT AND ITS AFFILIATES (AS LISTED ABOVE) IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE TOTAL AMOUNT OF FEES, IF ANY, YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

You agree to defend, indemnify and hold harmless the Digital Uplift Project, its directors, partners, students and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of the Site or Services; (ii) your violation of these Terms; or (iii) any third-party claim that your Client Content infringes upon their intellectual property rights.

  1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  2. Dispute Resolution: In the event of a dispute, you agree to first contact us at [Insert Email] and attempt to resolve the dispute with us informally for a period of 30 days. If the dispute is not resolved, you agree that any claim or dispute shall be resolved by binding arbitration under the rules of the ADR Institute of Canada. The arbitration shall take place in Toronto, Ontario. This provision does not preclude parties from seeking injunctive relief in a court of competent jurisdiction.

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms and is available on our Site. Please review the Privacy Policy to understand our practices regarding the collection and use of personal information.

  1. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Digital Uplift Project.
  2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect.
  3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  4. Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

For questions regarding these Terms, please contact us at:

  • Email: info@digitalupliftproject.com
  • Phone: TBD