Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website at ben.codes (the “Site”) and the services offered through it (the “Services”) by Ben Codes inc., a company incorporated under the laws of Québec, Canada, with its head office at 758 rue Cavelier, Québec, Québec G1X 3J1 (“Ben Codes,” “we,” “us”).

By accessing the Site, booking a call, or otherwise using the Services, you agree to these Terms. If you do not agree, please do not use the Site or the Services.

1. Services

The Site presents information about Ben Codes and lets you book a discovery call. Any consulting, development, or AI-automation work delivered by Ben Codes is governed by a separate written agreement (statement of work, proposal, or master services agreement) signed with you or your organization. In the event of a conflict between these Terms and that separate agreement, the separate agreement prevails for the matters it covers.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the authority to bind yourself and, where applicable, the organization you represent.

3. Acceptable use

You agree not to:

• use the Site or Services in violation of any applicable law;
• attempt to interfere with, probe, or disrupt the Site, the booking system, or our infrastructure;
• reverse engineer, decompile, or scrape the Site at a rate that harms our infrastructure;
• send spam, impersonate any person, or submit false information when booking a call;
• use the Site to transmit malware, harvest personal information, or harass others.

4. Bookings and communications

When you book a call, you authorize Ben Codes (and our scheduling provider Cal.com) to send you transactional emails related to the booking, including confirmations, reminders, reschedules, and cancellation notices. Marketing emails are sent only if you opt in, and you can unsubscribe at any time.

5. Intellectual property

The Site — including its text, graphics, layout, code, logos, and other content — is owned by Ben Codes or its licensors and is protected by Canadian and international copyright and trademark laws. You may view and share links to the Site, but you may not copy, modify, distribute, sell, or create derivative works from any part of the Site without our prior written consent, except as permitted by law (such as quotations and fair dealing).

“Ben Codes” and the Ben Codes logo are trademarks of Ben Codes inc.

6. Third-party links and services

The Site embeds or links to third-party services, including Cal.com (scheduling), ActiveCampaign (email and CRM), and Google Analytics (audience measurement). These services are operated independently and have their own terms and privacy policies. Ben Codes is not responsible for the content, availability, or practices of any third-party service.

7. Disclaimers

The Site and Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Information on the Site is provided for general information only and does not constitute professional or legal advice.

8. Limitation of liability

To the maximum extent permitted by applicable law, Ben Codes and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities, arising out of or in connection with your access to or use of the Site, even if we have been advised of the possibility of such damages.

To the extent we are found liable for any direct damages relating to your use of the Site (and not relating to a separately signed services agreement), our aggregate liability is limited to one hundred Canadian dollars (CAD $100). Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including, in Québec, liability for bodily or moral injury, or for an intentional or gross fault).

9. Indemnification

You agree to indemnify and hold Ben Codes harmless from any claim or demand made by a third party arising out of your breach of these Terms, your misuse of the Site, or your violation of any applicable law or third-party right.

10. Confidentiality

Any non-public information you share with us during a discovery call or subsequent engagement is treated as confidential and used only to evaluate and deliver the Services. Confidentiality obligations binding both parties in detail are typically set out in the separate services agreement that governs a paid engagement.

11. Termination

You may stop using the Site at any time. We may suspend or terminate your access to the Site or the booking system at any time, without notice, if we reasonably believe that you have violated these Terms or that your use is harming the Site or other users. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.

12. Governing law and jurisdiction

These Terms are governed by the laws in force in the Province of Québec and the laws of Canada applicable therein, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with these Terms or the Site will be submitted to the exclusive jurisdiction of the courts of the judicial district of Québec, Province of Québec, Canada, subject to any mandatory consumer protection provisions that grant you a right to a different forum.

The parties have expressly required that these Terms and all related documents be drafted in English. Les parties ont expressément exigé que les présentes conditions et tous les documents qui s’y rattachent soient rédigés en anglais. A French translation is available at /fr/terms; in the event of a discrepancy, the version in which you accepted these Terms prevails.

13. Changes to the Terms

We may modify these Terms from time to time. The updated version takes effect when posted on the Site, and the “Effective date” above is updated accordingly. Your continued use of the Site after a change constitutes acceptance of the revised Terms.

14. Contact

For any question about these Terms, contact: