Cette entente, ainsi que toutes les politiques et tous documents y étant rattachés, ont été rédigés en anglais selon la volonté expresse des parties, les parties reconnaissant avoir d’abord pris connaissance de sa version française disponible sur la page suivante de notre site internet: ANNEXE B – SERVICES DE CONCEPTION DE SITES WEB
This schedule forms part of the Image Salon Terms of Service and applies to the design, build, hosting, and ongoing operation of your website (the “Web Design Service”). Defined terms have the meaning given in the Terms.
Read this schedule together with the Terms. Where the two conflict, this schedule governs for the Web Design Service.
Customers who signed earlier terms remain on them unless they expressly agree to these.
1. What the Web Design Service is
A subscription. For a monthly fee our Ai design tools build a custom website for your photography business from the material you give us and the answers you give during onboarding. We host it, keep it running, and make changes to it for as long as your subscription is active. We may review and adjust the work those tools produce.
If you would like a human designer to design and refine your site, that is available as an add-on to the subscription (section 4). It is not a separate tier: there is one subscription, and the add-on sits on top of it.
It is not a one-time purchase of a website, and it is not a licence to a template.
Two things to read before you subscribe: there is no minimum term on the subscription, and the only amount that can fall due when you cancel is an unpaid balance on the Designer add-on (section 4); and your site goes offline if you cancel (section 9).
2. What’s included
For as long as your subscription is active:
A custom website designed around your work, built with our Ai design tools.
Unlimited pages, portfolios, and a blog. A new page built from our existing components and templates is included, whether you add it yourself or ask us to build it.
Hosting, security, updates, and maintenance.
Moving your existing blog. We transfer your existing blog posts to your new site and redirect the addresses of your old pages and posts to their new ones, so links and search engines can follow them. What can be transferred depends on what your current platform lets us export.
Ongoing minor changes to your site. Included minor work means changing text or images, adding a page as described above, or adjusting existing component settings or their arrangement within an existing page or template. Section 6 sets the boundary.
Access to every future platform update.
A human designer to design or redesign your site is not included in the subscription. That is the Designer add-on in section 4.
Anything not listed above — including third-party services, paid fonts, stock imagery, commercial plugins, and your domain registration — is not included and is your responsibility unless we agree otherwise in writing.
3. What you provide
To build your site we need material from you, gathered through our onboarding: your photographs, logo files, existing copy where you have it, and the answers to our intake questions.
You are responsible for that material under section 5 of the Terms. You must have the right to use every image, font, and piece of text you send us, including the rights to any images of people appearing on your site.
We can only work as fast as the material reaches us. Where we are waiting on you, timelines pause.
4. Fees and billing
The subscription. The subscription fee is $39 CAD per month in the Canadian market or $39 USD per month in the United States market unless a different price is shown on your order. It is the base fee for every site we build and run, and it is the only subscription: there are no tiers.
Nothing is charged before you choose a design. Before any payment, we show you design direction: four (4) designs built around your work. If none of them suits you, you owe nothing and may walk away. Section 5 sets out your choices at that point.
Billing then works as follows:
Your first month is charged only when you explicitly approve a design direction and proceed, whether it is one of our Ai directions or one the designer produced under the Designer add-on.
The subscription renews monthly on that date, every month, until you cancel.
No minimum term. You may cancel the subscription at any time (section 9). Cancelling does not bring forward any subscription payments, and nothing falls due on cancellation except an unpaid balance on the Designer add-on, below.
The Designer add-on. Before launch, you may optionally add a human designer at the design-direction stage. The same add-on remains available after launch for a full redesign. The designer produces a fresh set of designs from your feedback and instructions and works on your site with you. Section 5 sets out the revision rounds.
The add-on is priced as a one-time payment of $1,800 CAD in the Canadian market or $1,800 USD in the United States market, or, if you prefer to spread it, twelve (12) equal monthly instalments of $159 CAD or $159 USD in the applicable market. Either way it is charged in addition to the base subscription, which continues underneath it.
The add-on is charged only once you explicitly approve a design direction the designer has produced. The one-time payment is taken then; on instalments, the first is taken then and the remaining eleven follow monthly. If you do not approve any of the designer’s directions, the add-on is not charged.
The add-on is a one-time purchase, not a subscription, and instalments are a way of paying for it rather than a term. If you choose instalments and cancel your subscription before all twelve have been paid, the remaining instalments fall due in full on cancellation. That is the only circumstance in which any amount is owed on cancellation. It does not apply where we terminate under section 15 for a reason other than your breach (section 9).
The Canadian market uses CAD and the United States market uses USD at stable same-digit parity, not live foreign-exchange conversion. Checkout must show the currency beside every amount. Platform billing determines and discloses applicable tax.
If a payment fails we will attempt to take it again and will contact you. If it remains unpaid we may suspend the Web Design Service, including taking your site offline, until the account is settled.
We may change the subscription price on thirty (30) days’ written notice. If you do not accept the new price you may cancel before it takes effect. A price change never affects an add-on you have already bought, or the instalments you are already paying on it. If you cancel because of a price change, or because of a change to the Terms, the instalment rule above still applies.
5. Design direction before you pay, and the designer’s revisions
Before any payment, we show you design direction: four (4) designs built around your work and the answers you gave during onboarding.
You then have four choices:
Proceed with one of them. Your subscription starts and your first month is charged on approval (section 4).
Ask for another set. Once, before any payment, you may ask for a second set of four (4) Ai designs built from your feedback. Nothing is charged for it, and you then have the same choices again.
Add a designer. If you do not love what the Ai has built, you may take the Designer add-on (section 4) and receive a fresh set of designs based on your feedback and instructions.
Walk away. You owe nothing. The material you gave us during onboarding is handled under section 5 of the Terms.
The designs themselves stay ours, whichever you choose. The directions we show you before any payment — and any later set produced by the Designer add-on — are our design work under section 7 of the Terms. Seeing them does not give you any right to use them. If you walk away, you owe nothing and you keep your own Content, but you may not take one of those designs, or anything from it, to another platform, builder, or developer to be copied, rebuilt, or used as the basis of a design. You accepted the Terms when you created your account, before any design direction was requested, and section 7 of the Terms and section 9 below apply whether or not your subscription ever starts.
The designer’s revisions. Where you have taken the Designer add-on, the designer’s work includes two (2) consolidated rounds of revisions. A round means you send us your consolidated comments on the design as presented, and we respond with a revised design. Further rounds, where we agree to them, are handled as larger work under section 6.
Revision rounds run on the material you have provided (section 3) and on your responding to a design presentation within thirty (30) days; where we are waiting on you, they pause.
Because the add-on is charged only once you approve one of the designer’s directions (section 4), there is nothing to refund if you do not: you simply are not charged for it.
These choices are in addition to your rights under applicable law.
6. Revisions after launch
Once your site is live, minor changes are included for as long as your subscription is active. Request them through your website toolbar or admin access. Included minor work means changes to text or images and adjustments to existing component settings or arrangement within an existing page or template.
We do not commit to a turnaround on a change request. The times we aim for are published on our support page and are targets, not guarantees, as section 8 of the Terms sets out.
A new page built from the existing components and templates is included (section 2).
Larger work is separately scoped and quoted before it begins. This includes a net-new component or template, an integration, a structural rebuild, a host migration or migration rebuild beyond the blog move included under section 2, and work outside the existing design system. You may decline a quote and leave your site as it is.
What counts as a full redesign
A full redesign means starting your site again: a new design direction applied across the site as a whole, replacing the one we built, rather than changes to what is already there.
That is different from included minor work. A page or section adjustment within the existing components and template can be minor; a new component, template, structural rebuild, or whole-site direction is not.
A full redesign is not included in the subscription. It is what the Designer add-on in section 4 provides: a fresh set of designs built from your feedback and instructions, at the add-on price, at any point during your subscription. Nothing in this schedule entitles you to a full redesign on any other basis.
7. Your domain
You provide your own domain name. You register it, you own it, and it stays in your name and under your control throughout.
We do not register, purchase, hold, or renew domains on your behalf. We take your DNS instructions and tell you exactly what records to set so your domain points at your site. Keeping the registration current and paid is your responsibility, and we are not liable if your site becomes unreachable because a domain lapsed or was transferred.
8. Hosting and availability
Hosting is included for as long as your subscription is active. We aim to keep your site available at all times but do not guarantee uninterrupted service; see section 13 of the Terms.
If your site is unavailable, tell us by whatever means you can reach us. How quickly we answer is dealt with in section 8 of the Terms.
We may move your site between hosting providers, and may perform maintenance that briefly interrupts availability. Where we expect a meaningful interruption we will tell you in advance.
9. Cancellation — and what happens to your site
You may cancel at any time, through the client dashboard or by writing to us. No further monthly fee is charged after you cancel, and we do not refund partial months.
Your site goes offline on the later of (a) the end of your current paid month and (b) fourteen (14) days after you cancel. We tell you that date when you cancel. If the fourteen days run past your paid month, the extra days are not charged.
There is no minimum term. Cancelling does not bring forward any subscription payments. The one exception is the Designer add-on: if you bought it by instalments and cancel before all twelve (12) have been paid, the remaining instalments fall due in full on cancellation (section 4).
For example, cancelling after your fifth instalment leaves seven instalments outstanding, and those seven become payable.
Nothing else falls due on cancellation. Where we terminate under section 15 for a reason other than your breach, you owe no further instalments.
When your subscription ends, your website goes offline.
Please read that carefully before subscribing. The subscription buys you the design, the build, the hosting, and the ongoing work — for as long as you subscribe. It does not transfer ownership of the website to you. The design, the build, the templates, the code, and the underlying platform remain our property under section 7 of the Terms, and we do not provide the site files, source code, or a site export on cancellation.
What you keep:
Your domain, which was always yours (section 7).
Your Content — the photographs, logo, and text you gave us, and everything you wrote or added through the toolbar after launch: pages, posts, captions, and the way you arranged your galleries. All of it was yours throughout, under section 5 of the Terms.
Getting your content out. Ask us at any time while you are subscribed, and for ninety (90) days after your site goes offline. We deliver it within thirty (30) days of your asking, once, at no charge. This applies however your subscription ends, including where we terminate it for your breach. You get:
your supplied or original photographs as the files you gave us, not the resized versions we generated for the web;
the text of your pages and posts, in a plain readable format you can paste into whatever comes next; and
anything collected through your site that we are holding, under section 11.
The notice below tells you how to ask, so the request does not depend on you remembering.
A content export is not a site export. Your words and your pictures, yes. Our site code, templates, design system, design, and layout, no: those stay ours under section 7 of the Terms and are not handed over in any form. Host migration or rebuild help, if available, is separately scoped and quoted; it does not turn the content export into a site export.
We retain an internal restoration copy for six (6) months after the site goes offline. It is not downloadable and does not extend the ninety-day content request window. It exists only so we can restore service if we agree to a reactivation. There is no reactivation fee: the subscription simply restarts at the monthly fee.
If you want to keep the site itself running, keep the subscription active. The website is not available to purchase outright, on cancellation or at any other time.
Because your site stays up for at least fourteen (14) days after you cancel, you have time to make your own arrangements. When you cancel, we tell you the date it goes offline, how to ask for your content, and by when.
Copying or recreating the design elsewhere is prohibited
The design, layout, structure, styling, templates, and code of your website are our property under section 7 of the Terms. Your subscription grants you the right to have that website operated for you. It does not grant you any right to reproduce it.
This section adds to the restriction in section 7 of the Terms, which applies in full and is not narrowed here. In this section, “your website” includes any design direction, concept, mock-up, or password-protected preview we show you for it, whether or not it was ever launched and whether or not your subscription ever started.
Before, during, and after your subscription you may not, whether yourself or through any employee, contractor, developer, agency, or other third party:
copy, export, scrape, download, decompile, or otherwise reproduce the design, layout, markup, styling, or code of your website;
rebuild or recreate it — including by working from screenshots, recordings, or a saved copy of the pages — on another platform, website builder, theme, template, or hosting service;
use it as the basis of a derivative design; or
instruct or engage any person to do any of the above.
This does not restrict your own Content. Your photographs, logo, text, and other material remain yours, and you are free to use them anywhere, including on a website built by someone else. What you may not take is our design and code.
We treat this as a serious matter. Where we believe this section has been breached we will pursue the matter to the full extent available under copyright and other applicable law, including injunctive relief, delivery-up, an account of profits, and damages. Our rights under this section survive termination of your subscription.
10. Your Content and how we use it
You retain all rights in your Content. For the Web Design Service you grant us and our Affiliates a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt, resize, and display your Content for the purposes of:
designing, building, hosting, and operating your website;
maintaining backups;
providing you with support; and
developing and training our design models and tools, as set out below.
Except for the licence in the AI section below, for backups held under our ordinary retention schedule, and for what we need to deliver your content export and keep the restoration copy under section 9, this licence ends when your subscription ends.
We build with AI, and we train on the work
We use AI tools as part of how we design and build websites. Material you provide, and the design work we produce from it, is processed by those tools in the course of building and running your site.
We also use that material and design work to develop and train our own design models. In practice what we learn from is design data — layout, structure, typography, spacing, colour, component patterns, and the decisions made while building — rather than your photographs as images.
The training licence you grant here:
runs to us and our Affiliates only. Unlike Schedule A, we do not licence your web design material to outside partners for them to train their own models;
survives the end of your subscription in respect of models already trained. A trained model cannot be untrained, and we say so rather than promise otherwise;
does not permit us to publish your photographs anywhere other than on your own website, or to use them in our marketing without asking (see below); and
does not extend to what you write. The pages, posts, and captions you publish through the toolbar are your Content and stay yours. We do not use the text of them to develop or train anything. What we take from a page you wrote is how it was laid out, never what it said; and
does not permit us to rebuild your website for another client. Your site, as a whole, is designed for you. What we carry forward is what we learned, not your pages.
Any model, tool, or other output arising from that training is our sole property.
We use third-party providers to host and operate your site. Those providers process your Content only to deliver the service, under the terms described in our Privacy Policy.
If we would like to show your website in our own marketing, we will ask first, and you may refuse.
11. Your website’s visitors and their information
Your website collects information about and from other people: everyone who visits it, and everyone who fills in a form on it. That is different from your Content, and it is treated differently.
Whose information it is
It is yours, not ours. The people who contact you through your site are your inquirers and your clients. You decide what your site asks for and why. We hold and move that information only to run the site for you, and only as this section allows.
In the language of privacy law, you are the person responsible for that information and we act on your behalf and on your instructions.
Inquiries
Forms on your site are delivered by email to the address you give us. We do not keep the message. We record that an inquiry was sent, and the page it was sent from, so that the inquiry figures in your dashboard can count it.
Because we do not keep it, your own inbox is the record. Keep it.
If we later make an inquiry inbox, a CRM, or a similar feature available in your dashboard, we will hold inquiries as well as forward them. We will tell you before that begins, and everything in this section applies to what we hold.
Measurement
We measure use of your site so we can show you visits, pages, sources, and inquiry figures in your dashboard. Where our measurement places a cookie or a similar identifier on a visitor’s device, we will tell you what it is. Giving notice of it on your site is yours to do, under “What you are responsible for” below.
Anonymised statistics across sites
We may combine measurements taken across the sites we host to produce aggregate, de-identified statistics, for example a typical inquiry rate for wedding photography sites, and we may use and publish those.
Those statistics never identify you, your site, your business, or any visitor. We will not attempt to reverse them and will not allow anyone else to. This does not give us any right to your visitors’ information beyond what is set out in this section.
We do not train on it
The licence in section 10 covers your Content and the design work we produce from it. It does not extend to information submitted by your visitors. We do not use the content of inquiries, or the personal information of the people who send them, to develop or train any model.
When we look at it
Our team has access to the systems your site runs on. That is how we build it, host it, change it, and fix it when something breaks. The access can reach information collected through your site, and it will where you ask us to look into something that involves it, such as a form that is not delivering.
We access only what the work in front of us requires.
What you are responsible for
Your site is yours and what it collects is your decision, so:
you need your own privacy policy on your site, and your own cookie notice and consent where the law that applies to your visitors requires one;
you must have a lawful basis for what you collect and for what you do with it afterwards, including any marketing;
you must tell us before using your site to collect sensitive information, for example health or financial information, because it changes the protections that have to be in place, and we may decline; and
you must not use your site to collect information in breach of section 13.
You are responsible for your own privacy policy, and for your own cookie notice and consent where the law that applies to your visitors requires one. Image Salon will build privacy-policy and cookie-notice pages on your site when you request them and provide the legal copy. That copy must reflect what your business and site actually collect, use, disclose, and retain, and you remain responsible for its accuracy and use. Nothing we provide is legal advice. We do not promise that a site uses no cookies or needs no banner.
If one of your visitors contacts us
If somebody who contacted you through your site asks us for a copy of their information, a correction, or its deletion, we will refer them to you and tell you they asked. The information is yours and the answer is yours to give.
If something goes wrong
If we become aware of an incident affecting information collected through your site, we will tell you without delay and give you what you need to meet your own obligations to the people affected and to any authority.
When your subscription ends
Inquiries were delivered to your own inbox, so ending your subscription does not take them away from you.
Where we hold anything else collected through your site, including measurement data and any inquiries we are holding for you, it is part of your content export under section 9: ask at any time while you are subscribed and for ninety (90) days after your site goes offline, and we deliver within thirty (30) days of your asking. Once that window closes, we delete it. Copies may remain in backups for a period, as described in our Privacy Policy.
Aggregate statistics already produced under “Anonymised statistics across sites” are not affected, because they can no longer be connected to you or to anyone who visited your site.
12. Previews, drafts, and unpublished material
Before your site is live
While we build, your site sits at a temporary preview address, protected by a password we give you and kept out of search engines. It is there so you can see the work and comment on it.
Share the password only with people you are willing to show an unfinished site. A password is not a promise of secrecy: anyone you give it to can pass it on, and anything on a preview should be treated as something you are content to have seen.
A preview is our design work, and section 9’s restriction on copying or recreating it applies to it. Do not share the password with another designer, developer, agency, or platform for the purpose of having the site copied, rebuilt, or used as the basis of a design, and you are responsible for anyone you give the password to doing so.
If you walk away at the design-direction stage (section 5), the preview comes down and the material you gave us is handled under section 5 of the Terms. If your subscription ends after it started but before the site goes live, the preview comes down and section 9 governs your Content.
Drafts once you are live
Your site holds material you have not published: draft pages and posts, saved edits, scheduled content, and anything else you have started and left. It stays yours, it is not public until you publish it, and we keep it available for as long as your subscription is active.
We do not review or monitor drafts. Our right to remove material under section 13 is about what is published. Our team can see drafts, because they sit in the same admin we support, and the limits in section 11 on when we look apply here in the same way.
When your subscription ends, drafts are handled like the rest of your Content under section 9: they are included in your content export if you ask, and are deleted with the internal restoration copy. Copies may remain in backups for a period, as described in our Privacy Policy.
13. Your responsibilities once live
You are responsible for what is published on your site. You must not publish material that is unlawful, infringing, defamatory, or otherwise in breach of section 6 of the Terms.
We may remove material from your site, or suspend the site, where we reasonably believe it breaches those obligations or exposes us to legal risk. Where we can, we will tell you first.
14. Search performance
We build sites to be found — clean markup, sensible structure, fast loading.
We do not guarantee any particular search ranking, traffic level, position in an AI assistant’s answers, or business outcome. Search engines and AI systems change their behaviour without notice and are outside our control.
15. Suspension and termination by us
In addition to our rights under section 14 of the Terms, we may suspend or terminate the Web Design Service where:
fees remain unpaid after we have contacted you;
you breach section 13; or
continuing would expose us to legal or security risk.
Where we terminate for a reason other than your breach, we will refund the unused portion of your current month, waive any Designer add-on instalments not yet paid, and give you at least fourteen (14) days’ notice before the site goes offline. This fourteen-day notice replaces the two days’ notice in section 14 of the Terms for the Web Design Service.