BOWO CREATIVE INC.
TERMS OF SERVICE

Effective Date: June 1, 2025
Last Updated: June 1, 2025

Governing Law: Province of Ontario, Canada

Company: BOWO Creative Inc.
Address: 4711 Yonge St, 10th Floor, North York, ON M2N 7E4
Website: www.bowocreative.com

By accessing our website, engaging our services, or signing any Statement of Work or Master Services Agreement, you agree to be bound by these Terms of Service in full. Please read them carefully before proceeding.

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1. ABOUT BOWO CREATIVE INC.

BOWO Creative Inc. (“Agency,” “we,” “us,” or “our”) is a digital marketing agency incorporated in Ontario, Canada, specializing exclusively in growth strategies for the medical aesthetics and beauty industry. Our services include paid advertising, social media marketing, web design, branding, SEO, AI tools, and CRM implementation.

Our principal office is located at 4711 Yonge St, 10th Floor, North York, ON M2N 7E4.

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2. ACCEPTANCE OF TERMS

By accessing our website, engaging our services, signing a Statement of Work (“SOW”), or entering into a Master Services Agreement (“MSA”), you (“Client”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable agreements.

If you do not agree to these terms, you must not use our website or engage our services.

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3. SERVICES

BOWO Creative Inc. offers the following core services to medical aesthetic clinics and beauty businesses:

– Paid Advertising Management (Meta, Google, TikTok Ads)
– Social Media Marketing and Content Creation
– Website Design and Development 
– Brand Identity Design, Logo and Signage
– Search Engine Optimization (SEO) for AI and Traditional Search
– CRM Setup, Automation and AI Assistant Integration (BOWO CRM)
– BB10X™ Growth System — our proprietary client acquisition framework

The specific scope, deliverables, fees, and timelines for each engagement are defined in an executed Statement of Work (SOW), which forms part of the binding agreement between the parties.

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4. FEES, PAYMENT AND TAXES

4.1 Fees

All fees are defined in the applicable SOW and are quoted in Canadian Dollars (CAD) unless otherwise stated. All fees are 100% non-refundable.

4.2 Payment Terms

Invoices are due within seven (7) days of issuance. Late payments incur interest at 1.7% per month on the outstanding balance. Late payments may result in immediate suspension of services and may void any performance-based guarantees.

4.3 Non-Refundability

All fees paid to BOWO Creative Inc. are non-refundable unless expressly stated in the applicable SOW. If a Client cancels a project after work has commenced, all payments made to date are non-refundable, and any unpaid balance for work completed up to the cancellation date remains due and payable.

4.4 Advertising Spend

Advertising budgets are separate from Agency management fees and are paid directly by the Client to the advertising platforms (Meta, Google, TikTok, etc.), unless otherwise agreed in writing. The Agency does not hold or manage ad spend funds on behalf of clients.

4.5 Taxes (HST/GST)

BOWO Creative Inc. is registered for HST in the Province of Ontario. Applicable taxes will be applied to all invoices based on the Client’s province of business:

– Ontario Clients: 13% HST
– British Columbia Clients: 5% GST
– All Other Provinces: Applicable GST or HST rate per CRA guidelines

Taxes collected are remitted directly to the Canada Revenue Agency (CRA) and do not form part of the Agency’s revenue.

4.6 Payment Methods

Payment can be made via credit card through our approved payment processor, Stripe. Instalment and subscription-based billing may be arranged through Stripe at the Agency’s discretion.

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5. TERM AND TERMINATION

5.1 Agreement Term

Each SOW defines its own Initial Term. Unless otherwise specified, the default Initial Term is ninety (90) days. After the Initial Term, agreements continue on a month-to-month basis. Either party may terminate a month-to-month agreement with thirty (30) days’ written notice.

5.2 Early Termination

The Initial Term may not be terminated early except in the case of a material breach. If the Client terminates before the completion of the Initial Term, all remaining fees for the term become immediately due and payable.

5.3 Termination by Agency

BOWO Creative Inc. reserves the right to terminate any agreement immediately if the Client fails to pay an invoice within the agreed timeframe, engages in behaviour likely to harm the Agency’s reputation, violates any applicable advertising or data privacy laws, or fails to meet the Client Responsibilities outlined in Section 6.

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6. CLIENT RESPONSIBILITIES

The Client is responsible for the following throughout the engagement:

– Maintaining a minimum agreed monthly advertising spend of $1,500/month where applicable
– Providing required creative assets (photos, videos, copy) within three (3) business days of request
– Maintaining minimum consultation availability as agreed in the SOW
– Providing accurate and timely reporting of booked, showed, and closed consultations
– Complying with all advertising platform policies, data privacy laws, and applicable regulations
– Not materially altering approved campaigns, offers, or pricing without written consent from the Agency
– Designating a single point of contact for all approvals and feedback
– Responding to high-intent inquiries requiring human follow-up within one (1) business day

Failure to meet these responsibilities may void any performance-based guarantee and/or result in the suspension or termination of services.

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7. NO GUARANTEE OF RESULTS

Unless expressly stated in a signed SOW, BOWO Creative Inc. makes no guarantee of revenue, sales, profitability, lead volume, or business growth. The Client acknowledges that results depend on factors outside the Agency’s control, including market conditions, the Client’s pricing and sales execution, operational capacity, platform algorithm changes, and the quality of the Client’s products and services.

Where a performance guarantee is offered (such as the BB10X™ 40 Booked Consultation Guarantee), it is strictly conditional upon full Client compliance with all conditions outlined in the applicable SOW.

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8. INTELLECTUAL PROPERTY

8.1 Client Ownership

Upon receipt of final payment in full, the Client shall own all final deliverables created specifically for them, including logo files, brand guidelines, signage, website design, ad account data, CRM data, and lead data.

8.2 Agency Ownership

BOWO Creative Inc. retains full and exclusive ownership of the following, regardless of payment status:

– The BB10X™ Growth System and methodology
– All scripts, templates, frameworks, and proprietary processes
– The BOWO CRM platform, workflows, automations, and infrastructure
– All internal systems, tools, and operational processes

The Client is granted a limited, non-exclusive, non-transferable licence to use BOWO-owned systems (such as the CRM) solely for the duration of the active service agreement or paid subscription.

8.3 Portfolio Rights

BOWO Creative Inc. retains the right to display completed work in its portfolio, case studies, website, and promotional materials unless the Client requests otherwise in writing. The Client also grants the Agency a perpetual, royalty-free licence to use any provided testimonials, photos, videos, and business branding for marketing purposes.

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9. BOWO CRM ACCESS

Clients enrolled in the BB10X™ Growth System receive complimentary access to the BOWO CRM platform for the duration of their active service agreement. The following terms apply:

– CRM access is provided as part of the active BB10X™ engagement and is not a standalone service.
– If the Client elects to discontinue BB10X™ services, CRM access may be continued independently at $250 CAD per month on a month-to-month basis.
– Either party may discontinue CRM access with thirty (30) days’ written notice.
– The CRM platform, including all templates, workflows, and automations, remains the property of BOWO Creative Inc.
– Upon discontinuation, the Agency will provide reasonable assistance to ensure the Client retains access to their lead data prior to account closure.

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10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, BOWO Creative Inc.’s total liability to the Client shall not exceed the lesser of CAD $5,000, or the total fees paid by the Client during the thirty (30) days immediately preceding the claim.

In no event shall BOWO Creative Inc. be liable for lost profits or revenue, indirect or consequential damages, advertising platform account suspensions or bans, changes in platform algorithms or policies, market changes or economic downturns, or loss of data or business interruption.

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11. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless BOWO Creative Inc., its officers, directors, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from any content or materials provided by the Client, the Client’s violation of any data privacy or advertising laws, any regulatory or false advertising claims related to the Client’s business, or any breach of the Client’s obligations under this Agreement.

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12. CONFIDENTIALITY

Both parties agree to maintain the strict confidentiality of each other’s proprietary and non-public information during the term of the Agreement and indefinitely following its termination. This includes client lists, pricing, strategies, business processes, campaign performance data, and any information marked as confidential.

Neither party shall disclose confidential information to any third party without the prior written consent of the other party, except as required by law or legal process.

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13. NON-SOLICITATION

During the term of any Agreement and for twelve (12) months following its termination or expiration, neither party shall, without the prior written consent of the other, solicit, recruit, or hire any employee or contractor of the other party, or encourage any such person to terminate their relationship with the other party. This restriction applies to any person employed or retained by the other party at any time during the forty-eight (48) months preceding the solicitation.

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14. NON-DISPARAGEMENT

The Client agrees not to make any statements or representations — directly or indirectly, in writing, orally, or on any social media or review platform — that may disparage, defame, or damage the reputation of BOWO Creative Inc. or any of its representatives.

Nothing in this section prevents the Client from making truthful statements as required by applicable law, regulation, or legal process.

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15. DISPUTE RESOLUTION AND GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada.

In the event of a dispute, the parties agree to first attempt resolution through good faith negotiation. If a resolution cannot be reached within thirty (30) days, the dispute shall be referred to binding arbitration in Ontario, Canada, in accordance with applicable arbitration legislation.

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16. FORCE MAJEURE

Neither party shall be held liable for any delay or failure in performance caused by events beyond their reasonable control, including natural disasters, acts of God, government actions, pandemics, power outages, internet disruptions, war, riots, or strikes.

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17. MODIFICATIONS TO THESE TERMS

BOWO Creative Inc. reserves the right to update or modify these Terms of Service at any time. Changes will be posted on our website with an updated effective date. Continued use of our services or website following the posting of changes constitutes your acceptance of the revised terms.

Modifications to any executed SOW or MSA are only valid if recorded in writing and signed by authorized representatives of both parties.

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18. PRIVACY AND DATA

BOWO Creative Inc. is committed to protecting the privacy of our clients and their patients. Any personal data collected through our services or website is handled in accordance with applicable Canadian privacy legislation, including PIPEDA (Personal Information Protection and Electronic Documents Act).

Client data, lead data, and campaign performance data are treated as confidential and are not shared with third parties except as necessary to deliver the agreed services.

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19. WEBSITE USE

By accessing www.bowocreative.com, you agree to use the website for lawful purposes only. You must not use the site in any way that violates applicable laws or regulations, attempt to gain unauthorized access to any part of the website or its systems, transmit any unsolicited advertising or promotional material, or reproduce or copy any content without express written permission.

BOWO Creative Inc. reserves the right to restrict or terminate access to the website at any time without notice.

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20. CONTACT INFORMATION

For any questions regarding these Terms of Service, please contact us:

BOWO Creative Inc.
4711 Yonge St, 10th Floor
North York, ON M2N 7E4
www.bowocreative.com

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© 2025 BOWO Creative Inc. All rights reserved.
These Terms of Service were last updated on June 1, 2025.