Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Omilia Brands Inc., operating as Omilia Visuals (“we,” “us,” or “our”), a corporation registered in the Province of Ontario, Canada. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Use of Website

This Website is provided for informational, promotional, and commercial purposes, including showcasing our portfolio, describing our services, allowing you to contact us, booking consultations, and purchasing digital preset products.

You agree to use the Website only for lawful purposes. You may not:

• use the Website in any way that violates applicable federal, provincial, or local law or regulation;
• attempt to interfere with, disrupt, or compromise the security or functionality of the Website;
• misuse forms, checkout flows, or booking tools, including by submitting false, abusive, or fraudulent information; or
• use bots, scrapers, or automated tools to access or collect Website content without our prior written consent where such use harms or burdens the service.

2. Intellectual Property

All content on this Website, including but not limited to photographs, videos, presets, text, graphics, logos, branding, layout, and design elements, is the property of Omilia Visuals or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, display, modify, create derivative works from, or otherwise use Website content without our express written permission, except for personal, non-commercial viewing of the Website on your device. Viewing our portfolio does not grant you any license or right to use, download, or reproduce our photographs or videos for any purpose.

3. Services and Separate Agreements

Omilia Visuals offers wedding photography and videography, corporate media production, portrait photography, and digital products. Information about our services on this Website is for general reference only and does not constitute a binding offer or contract.

All services are governed by separate client agreements, proposals, invoices, statements of work, or other written terms specific to the engagement. Those documents may address pricing, deliverables, timelines, cancellation, rescheduling, usage rights, and liability. If there is any conflict between these Terms and a signed or issued project-specific agreement, the project-specific agreement will prevail for that engagement.

4. Digital Product Purchases and Delivery

We may sell digital preset products and other downloadable materials through Stripe checkout in Canadian dollars. After a successful order, we send fulfillment information to the email address used at checkout and may provide access through a signed or time-limited download link.

You are responsible for providing a valid email address and checking spam or other filtered folders if a delivery message does not arrive promptly. Download links may expire or be limited for security reasons. If you experience a delivery issue, contact us at contact@omiliavisuals.com with your receipt or order reference and we will review the issue.

5. Refunds and Chargebacks

Unless required by law, digital preset purchases are generally non-refundable once the product has been delivered or the download link has been issued. If we are unable to deliver the product as purchased, or there is a duplicate or clearly erroneous charge, contact us and we will assess the issue in good faith.

Initiating a chargeback without first contacting us to resolve a delivery or access issue may result in suspension of further download access while the matter is under review.

6. Preset License

Subject to payment, we grant the original purchaser a limited, non-exclusive, non-transferable, revocable license to use purchased presets in their own editing workflow, including commercial work created for their own clients or business.

You may not:

• resell, redistribute, sublicense, rent, or share the presets or download files;
• give another person access to your download link or purchased files;
• claim the presets as your own intellectual property; or
• package the presets into another product, template, course, membership, or bundle without our written permission.

7. Contact Forms and Communications

When you submit information through our contact forms, booking flow, or email, you consent to our collection and use of that information in accordance with our Privacy Policy. We are not obligated to respond to every inquiry. Submitting a form, booking request, or inquiry does not create a client relationship or any contractual obligation on our part.

8. Third-Party Services and Links

This Website may rely on third-party providers or contain links to third-party websites, including but not limited to Cal.com, Stripe, Cloudflare Turnstile, Google, Meta, Instagram, Facebook, and TikTok. We do not control and are not responsible for the content, privacy practices, or terms of use of any third-party website or service. Your use of those services may also be subject to the terms and policies of the relevant provider.

9. Disclaimer of Warranties

This Website and any digital products are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that every device, browser, software version, or editing workflow will produce identical results.

10. Limitation of Liability

To the fullest extent permitted by law, Omilia Visuals, its owner, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of, or inability to use, this Website, including damages for loss of profits, data, or other intangible losses.

Our total liability for any claim relating to a website purchase will not exceed the amount you paid for the specific product giving rise to the claim, unless a signed client agreement expressly states otherwise.

11. Indemnification

You agree to indemnify and hold harmless Omilia Visuals, its owner, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Website or your violation of these Terms.

12. Privacy

Your use of this Website is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect your personal information. Please review them for details.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Changes are effective immediately upon posting to this Website. Your continued use of the Website following any changes constitutes your acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or your use of this Website shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact:

Omilia Visuals
Toronto, Ontario, Canada
Email: contact@omiliavisuals.com
Website: omiliavisuals.com