Terms of Service

Please review this User Terms of Service Agreement (referred to as "the Agreement") carefully before using the AI products provided by CallFusion Corp ("Service Provider").

THIS DOCUMENT STATES THE TERMS AND CONDITIONS UNDER WHICH CALLFUSION CORP OFFERS YOU ACCESS TO ITS AI PRODUCTS AND SERVICES. THESE TERMS CONSTITUTE A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND CALLFUSION CORP.

By accessing and using the website and AI-driven solutions provided by CallFusion Corp, you, the user (referred to as "Client" or "User"), acknowledge and agree to be bound by the Agreement. This Agreement applies to all AI-powered communication solutions and digital interaction platforms offered by CallFusion Corp.

1. Definitions

In this Agreement, the following terms shall have the meanings set forth below:

  • "Service": Refers to the AI products and services provided by CallFusion Corp.
  • "Client" or "User": Refers to the individual or entity accessing and using the Service.
  • "Agreement": Refers to these Terms of Service.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Service.

3. Compliance with Laws and Regulations

3.1 Client's Responsibility for Compliance

The Client commits to fully adhering to all relevant local, provincial, and federal laws and regulations in their use of CallFusion Corp's AI-driven solutions. This encompasses privacy, telecommunications, data protection, and specific compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as adherence to Canadian Radio-television and Telecommunications Commission (CRTC) mandates and the Competition Act.

3.2 Consent and Communication

The Client is responsible for securing consent through any of the following methods, ensuring ease of compliance while maintaining legal integrity:

  • Oral Consent: Confirmed via an audio recording retained by the Client or verified by an independent third party.
  • Electronic Consent: Acquired through electronic means, including but not limited to:
    • Website Sign-up: When individuals sign up or register on a website, their action can be considered as granting consent, especially if a clear option or disclaimer regarding contact permissions is included during the registration process.
    • Toll-Free Number: Through interaction with a toll-free number provided to obtain consent.
    • Digital Forms and Email Confirmations: Utilizing digital forms submitted via the Internet or email confirmations where the individual explicitly agrees to be contacted.
  • Documented Consent: Any method resulting in a tangible or electronic record of consent made directly by the consumer or authenticated by an independent third party.

3.3 Compliance with Regulations

The Client must comply with all regulations, including but not limited to PIPEDA, CRTC directives, and the Competition Act, ensuring that all communications are lawful and ethical.

4. Responsibilities and Obligations

4.1 Service Provider Obligations

CallFusion Corp commits to delivering its AI-driven solutions in accordance with the highest standards of quality and reliability, ensuring that the Service functions efficiently, accurately, and in a manner that is user-friendly for the Client's needs.

4.2 Client Obligations

The Client agrees to provide all necessary information and access required for the effective functioning of the Service. This includes access to customer data, integration points with existing CRM systems, and other digital platforms as necessary.

4.3 Proper Use Clause

The Client agrees to use the Service ethically and legally, refraining from unlawful, fraudulent, or malicious activities. Misuse of the Service, such as sending spam or infringing upon intellectual property rights, is strictly prohibited.

5. Intellectual Property Rights

All intellectual property rights in the Service, including but not limited to software, algorithms, and documentation, are owned by CallFusion Corp. The Client retains ownership of all materials and data provided to CallFusion Corp.

6. Confidentiality

Both CallFusion Corp and the Client agree to protect the confidentiality of all sensitive information exchanged during the term of this Agreement. This confidentiality obligation extends indefinitely beyond the conclusion of the Agreement unless otherwise agreed.

7. Warranties and Disclaimers

7.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, whether express or implied. CallFusion Corp disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

7.2 Limitation of Liability

In no event shall CallFusion Corp be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the use of the Service.

7.3 Compliance Responsibility

The Client is solely responsible for ensuring that its use of the Service complies with all applicable laws and regulations.

8. Indemnification

The Client agrees to indemnify and hold harmless CallFusion Corp and its affiliates from any claims, damages, liabilities, and expenses arising out of or related to the Client's use of the Service or violation of this Agreement.

9. Termination

Either party may terminate this Agreement at any time with or without cause. Upon termination, the Client must cease all use of the Service.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada (ADRIC).

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior agreements or understandings.

13. Changes to the Terms

CallFusion Corp reserves the right to modify these Terms of Service at any time. Changes will become effective upon posting on our website. Your continued use of the Service after any modifications indicates your acceptance of the revised terms.

14. Contact Information

If you have any questions or concerns about this Agreement, please contact us at: kajen@callfusion.io.

Acknowledgment

By using our Service, you acknowledge and consent to the terms of this Agreement and any future amendments.

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