Vivid Array Terms & Conditions

Brand: Vivid Array
Legal Entity: Experience Innovation Consulting Inc. (Alberta, Canada) operating under the trade name “Vivid Array.”
General Contact: hello@vividarray.com
Privacy Contact: privacy@vividarray.com
Mailing Address: 4831 Nelson Rd. NW, Calgary, AB, T2K 2M1, Canada

Effective Date: January 8, 2026

Version: 1.0

1) Purpose and When These Terms Apply

These Public Terms & Conditions (“Public Terms”) apply to:

website inquiries, and
any purchase of Vivid Array services that occurs without a separately executed written agreement (for example, without a signed Master Services Agreement and Statement of Work).

If you sign a separate written agreement with us (including a Master Services Agreement, Statement of Work, Change Order, or other contract), that signed agreement governs and overrides these Public Terms to the extent of any conflict.

2) Who We Are

Vivid Array is a trade name of Experience Innovation Consulting Inc., an Alberta, Canada corporation. We provide marketing, lead generation, and revenue-generating consulting services primarily to business clients.

3) Services

Services may include (depending on what you request and what we agree in writing):

marketing and growth strategy
campaign planning and execution
paid media planning and management
content and creative direction (including coordination of production)
outbound/email/LinkedIn campaigns
analytics, reporting, and optimization
funnel and conversion improvement recommendations
marketing operations and tooling support
consulting and advisory services related to revenue generation

Final scope, deliverables, timelines, and fees must be confirmed in writing (email confirmation, proposal acceptance, invoice, or a formal SOW).

4) No Guarantees; Platform Dependencies

Marketing results vary. We do not guarantee:

leads, conversion rates, sales, revenue, rankings, ROAS, CAC, or specific performance outcomes
ad approvals, delivery volume, reach, or platform acceptance
uninterrupted availability of third-party platforms or tools

Performance depends on many factors, including budget, offer quality, product-market fit, market conditions, internal sales execution, tracking configuration, creative quality, approvals, and platform policies/auction dynamics.

5) Client Responsibilities

You agree to:

provide accurate and complete information required to deliver services
provide timely feedback, approvals, and access to necessary systems
ensure you have rights to use any content you provide (logos, creative assets, lists, testimonials, claims)
ensure your products/services and claims are lawful and compliant in your operating jurisdictions
maintain appropriate privacy notices, consent mechanisms, and suppression processes for your own customers and end users (when applicable)

If delays occur due to missing inputs, approvals, or access, timelines may shift and additional fees may apply for rework or re-planning.

6) Outbound Outreach, Email, and SMS Considerations

If we support outreach or nurture activities (email, phone, LinkedIn, SMS), you acknowledge:

compliance requirements vary by jurisdiction and channel
you are responsible for your business’s legal compliance posture for your audience, offers, and consent practices unless a signed agreement explicitly shifts responsibilities
we may recommend compliance-oriented safeguards (e.g., opt-out, suppression, consent language), but we do not provide legal advice

We may refuse or pause work if a requested activity appears to create unreasonable legal, platform, or reputational risk.

7) Fees, Invoicing, and Payment

If services are purchased without a separate signed agreement:

fees and payment timing are as stated on the invoice or in the written acceptance
invoices are due according to the stated payment terms
late payments may result in paused work
fees are non-refundable unless we explicitly agree otherwise in writing

If you request work that materially changes scope, we may require additional fees or a revised written confirmation before continuing.

8) Cancellations and Rescheduling (Meetings and Sessions)

If you have scheduled calls, workshops, or working sessions:

please provide at least 24 hours’ notice to reschedule
missed sessions or late cancellations may be counted as delivered time where preparation or reserved capacity occurred, unless we agree otherwise in writing

9) Intellectual Property

9.1 Our pre-existing materials

We retain ownership of our pre-existing tools, templates, frameworks, methods, and know-how used to deliver services.

9.2 Client materials

You retain ownership of your pre-existing materials (logos, brand assets, website content, internal data) and grant us a limited right to use them solely to perform services.

9.3 Deliverables created for you

Upon full payment, you receive a non-exclusive right to use deliverables we create specifically for you for your internal business purposes, unless otherwise stated in writing.

9.4 Third-party materials

Some deliverables may include third-party assets or tools (stock media, plugins, fonts, platform features). Those remain subject to third-party terms and may require separate licenses.

10) Confidentiality

If we exchange non-public business information before a separate NDA is signed, each party agrees to:

treat the other party’s non-public information as confidential,
use it only for evaluating or performing services, and
protect it using reasonable care.

11) Privacy

Our handling of personal information is described in our Privacy & Cookies Policy and related notices. For privacy requests, contact privacy@vividarray.com.

12) Disclaimers

Services and deliverables are provided “as is” and “as available” to the extent permitted by law. We make no warranties beyond what is expressly agreed in writing.

13) 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 arising out of or related to services provided under these Public Terms will not exceed the fees you paid to us for the specific services giving rise to the claim

This limitation does not apply where prohibited by law.

14) Indemnity

You agree to indemnify and hold harmless Experience Innovation Consulting Inc. from claims, damages, liabilities, and expenses arising from:

your products/services, claims, or compliance failures
content or lists you provide
your misuse of deliverables
instructions you give that result in unlawful or infringing activity

15) Suspension or Refusal of Service

We may pause or refuse services if:

invoices are overdue,
required access/inputs are not provided,
requested activities appear unlawful or materially risky, or
Platform policies or third-party restrictions prevent execution.

16) Governing Law

These Public Terms are governed by the laws of Alberta, Canada, without regard to conflict of laws principles.

17) Contact

General: hello@vividarray.com
Privacy: privacy@vividarray.com
Mail: 4831 Nelson Rd. NW, Calgary, AB, T2K 2M1, Canada