Terms of service

1. Who you are contracting with

These terms govern the hosting, WordPress and domain services supplied by Critical Creative Inc., a corporation incorporated in Ontario, Canada. “FoxFolio”, “FoxFolio Cloud” and “foxfolio.cloud” are operating names and product names of Critical Creative Inc. They are not separate legal entities. In these terms “we”, “us” and “our” mean Critical Creative Inc., and “you” means the person or organization purchasing the services.

Our registered address is 303-50 Town Centre Court, Scarborough, Ontario M1P 0A9, Canada.

You can reach us at support@criticalcreative.ca, or through the support options at foxfolio.cloud/support.

2. Who may buy

You must be at least 18 years old and able to enter a binding contract. If you are ordering for a business, charity, public body or other organization, you confirm that you are authorized to commit it to these terms, and that organization is the customer.

3. Ordering, and when the agreement starts

Before you submit an order we show you what you are buying, the billing term you have chosen, the price, the tax and the total. Please check it. If something is wrong, correct it before submitting.

Submitting an order is an offer to buy. The agreement between us begins when we send you a confirmation that the service has been set up — not when you submit the order and not when payment is taken. If we cannot accept an order we will tell you and refund any payment in full.

You are responsible for keeping your account credentials confidential and for activity carried out through your account. Tell us promptly if you believe your account has been accessed by someone else.

4. Prices, currency and tax

All prices are in Canadian dollars. Prices shown on foxfolio.cloud exclude tax. Applicable sales tax is calculated and shown separately before you pay, and appears on your invoice. Customers in Ontario are charged 13% HST.

Our tax registration number is 801169764RT0001.

We may change our prices. A change never affects a term you have already paid for. If a change affects your renewal price, we will tell you before the renewal in accordance with the notice described in the next section. If a price is displayed incorrectly through an obvious error, we are not obliged to supply at that price; we will tell you before proceeding and you may cancel the order.

5. Billing terms, renewal and the multi-year rate

Hosting is sold on a monthly term or on a one, two or three year term, chosen by you at checkout. The full term is paid at the time of purchase.

Two and three year terms include a promotional rate for the first year only. The remaining years of that term are charged at our standard annual rate, and this is shown to you at checkout before you pay. The promotional rate is a first-term rate and does not apply to renewals.

Services renew automatically at our then-current standard rate for the same length of term, unless you cancel first. Before every automatic renewal we send written notice to your registered email address, stating the renewal date, the length of the new term and the amount you will be charged:

• for a term of one year or longer, at least 30 days before the term ends;
• for a monthly term, at least 14 days before the term ends.

If we fail to give you that notice on a term of one year or longer, the renewal does not take effect and you may cancel and be refunded anything charged for the renewed term.

We charge the payment method registered on your account. If a payment fails we will retry and contact you. Services may be suspended if payment remains outstanding, and we will tell you before suspending.

6. Cancelling

You may cancel at any time through your FoxFolio Cloud account, or by contacting support. Cancellation is effective when we confirm it, and we aim to confirm within one business day.

Cancelling stops the service renewing. Unless the money-back guarantee below applies, or the law gives you a refund right, cancelling part-way through a term you have already paid for does not produce a refund for the unused part of that term.

We may end the agreement by giving you 30 days’ written notice, in which case we refund the unused part of any term you have paid for. Where you are in serious or repeated breach of these terms we may end the agreement on 7 days’ written notice, or immediately where the breach is causing harm to others or to the platform.

7. 30-day money-back guarantee

If a hosting service is not right for you, tell us within 30 days of the date we confirmed it was set up and we will refund what you paid for that service. One refund per customer.

The guarantee covers hosting only. It does not cover domain name registrations, renewals or transfers, or third-party products bought through us such as commercial SSL certificates or paid software licences, because those are paid to a registry or vendor on your behalf as soon as they are ordered.

This guarantee is in addition to your rights under Canadian consumer protection law, and does not limit them.

8. Acceptable use

You are responsible for everything published, stored or sent through your service, including by anyone you give access to. You must not use the service to:

• break the law, or help anyone else to;
• publish or distribute material you do not have the right to use, including infringing copyright or trademarks;
• publish material that is unlawful, defamatory, or that depicts or promotes the abuse or exploitation of children;
• send unsolicited commercial email, or send commercial email in a way that does not comply with Canada’s Anti-Spam Legislation;
• distribute malware, run phishing pages, or attempt to gain unauthorized access to any system;
• run processes that consume resources so heavily that other customers on shared infrastructure are affected; or
• resell the service as your own without our written agreement.

If we believe the service is being used in one of these ways we may suspend it. Where it is reasonable to do so we will contact you first and give you a chance to put it right. Where the use is causing active harm — malware, phishing, an attack in progress — we may suspend immediately and tell you afterwards.

9. Availability and support

We work to keep services available and to keep planned maintenance short and outside busy periods, but we do not promise that a service will be uninterrupted or error free. Interruptions caused by your own code, configuration or third-party plugins are not faults in our service.

Support covers the hosting platform and the control panel. It does not extend to writing, debugging or maintaining your website’s own code, themes or plugins, though we will tell you what we can see when a problem is on that side. Managed WordPress includes additional proactive care as described on its product page.

10. Your content, backups and deletion

Your content remains yours. You grant us only the permission we need to host it, serve it, back it up and provide support — nothing more, and only for as long as we provide the service.

We take platform backups, and backup tools are available to you in the control panel. Those backups are a safety net for the platform, not a substitute for your own. Keep your own copies of anything you cannot afford to lose.

When a service ends, we retain your data for 30 days so that it can be restored if you change your mind or cancelled by mistake, after which it is permanently deleted and cannot be recovered. Export anything you want to keep before the end of that period.

11. Privacy and where your data is held

We handle personal information in accordance with Canadian privacy law, including the Personal Information Protection and Electronic Documents Act.

Hosting infrastructure for these services is located in the United States. Your website files, databases and email are stored and processed there by our infrastructure provider, and are subject to the laws of that country, including lawful access by its authorities. By purchasing you agree to your data being stored and processed there.

We send you service messages about your account, such as renewal notices, invoices and maintenance that affects you. These are necessary to the service and are not marketing. We only send marketing email where you have given consent, and every marketing message includes a way to unsubscribe.

12. Domain names

When you register or transfer a domain through us, we submit the request to the relevant registry or registrar. We are not your agent and we do not control whether a registration succeeds. A registration is complete when the domain appears against your details in the registry.

Domains are also governed by the rules of the registry that operates the extension, and by ICANN policy where it applies. Those rules can require you to keep contact details accurate and to respond to verification requests, and can result in suspension if you do not.

Domains renew automatically unless you cancel, on the same notice basis as hosting. Domain fees are paid to the registry when the registration or renewal is made and are not refundable, including under the money-back guarantee.

You confirm that you have the right to use the name you are registering and that doing so does not infringe anyone else’s trademark.

13. Third-party software

WordPress, plugins, themes and other applications available through the control panel are supplied by their own authors under their own licences, and those licences govern your use of them. We do not warrant third-party software, and installing it is your decision. Where we pre-install software on a new service, you remain responsible for keeping it updated unless your plan states that we do so.

14. Our intellectual property

The FoxFolio Cloud platform, website, control panel, documentation, names and logos belong to Critical Creative Inc. or its licensors. Nothing in these terms transfers any of it to you. You may not copy, resell, reverse engineer or attempt to derive the source of any part of the service except to the extent the law says you may despite this restriction.

15. Our liability to you

Nothing in these terms limits liability that cannot be limited by law. That includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and any rights you have under consumer protection legislation that cannot be waived.

Subject to that, we are not liable for loss of profit, loss of revenue, loss of business or anticipated savings, loss of goodwill, or loss or corruption of data, whether direct or indirect, and whether or not we were told such loss was possible.

Subject to the first paragraph of this section, our total liability arising out of or in connection with the services in any 12-month period is limited to the amount you paid us for the affected service during that period.

We do not monitor what you publish and we are not responsible for it. We take security seriously but we cannot guarantee that a service will never be compromised. If your business depends on continuous availability, carry appropriate insurance.

16. Claims arising from your use

If a third party brings a claim against us because of what you published, stored or sent through the service, or because you breached these terms, you will cover our reasonable losses, costs and legal fees in dealing with it. We will tell you promptly about any such claim and will not settle it without talking to you first.

17. Events outside our control

We are not responsible for failing to perform where the cause is outside our reasonable control — for example a failure of upstream networks or power, a denial-of-service attack, a natural event, labour action, or an act of government. We will tell you, and our obligations are suspended while the event continues. If it continues for more than 30 days either of us may end the affected service, and we will refund the unused part of any term you have paid for.

18. Changes to these terms

We may change these terms. If a change materially affects you, we will give you at least 30 days’ written notice before it takes effect, and you may cancel the affected service before the change applies and receive a refund of the unused part of any term you have paid for. Changes required by law take effect when the law requires. The version in force when you place an order applies to that order until a change is properly notified. This version is effective from 20 September 2026.

19. Notices

We send notices to the email address registered on your account, so please keep it current. A notice sent by email is treated as received on the day it is sent unless we are told delivery failed. You send notices to us through your account or through support, so that there is a record of them.

20. General

You may not transfer your rights under these terms without our written agreement. We may transfer ours, for example if the business is sold, provided your rights are not reduced.

If any part of these terms is found unenforceable, the rest continues to apply. If we do not enforce a right straight away, we do not lose it.

These terms, together with the order you placed and any plan description referred to in it, are the whole agreement between us about the services.

21. Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction over any dispute. If you are a consumer, this does not deprive you of the protection of the consumer protection law of the province or territory where you live, or of your right to bring a claim there.