Terms & Conditions
TERMS OF SERVICE Last updated January 01, 2025
AGREEMENT TO OUR LEGAL TERMS We are Connectifi ("Company," "we," "us," "our"), a
company registered in Canada. You can contact us by phone at (450) 232-6322, email at
[email protected], or by mail to the address 102-1150 rue Lévis Terrebonne, Qc J6W5S6.
We operate the website https://connectifi.ca (the "Site"), and may offer related applications and
services (collectively, the "Services") that refer or link to these legal terms (the "Legal Terms").
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Connectifi, concerning your access to and use
of the Services. By accessing or using the Services, you agree to be bound by these Legal
Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OUR
SERVICES.
Any supplemental terms and conditions or documents that may be posted on the Services from
time to time are incorporated herein by reference. We reserve the right to make changes to
these Legal Terms at any time and will notify you by updating the "Last updated" date.
Continued use of the Services after such changes constitutes your acceptance of the new
terms.
The Services are intended for users who are at least 18 years old. Persons under 18 are not
permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE
13. SOCIAL MEDIA
14. THIRD-PARTY WEBSITES AND CONTENT
15. ADVERTISERS
16. SERVICES MANAGEMENT
17. PRIVACY POLICY
18. COPYRIGHT INFRINGEMENTS
19. TERM AND TERMINATION
20. MODIFICATIONS AND INTERRUPTIONS
21. GOVERNING LAW
22. DISPUTE RESOLUTION
23. CORRECTIONS
24. DISCLAIMER
25. LIMITATIONS OF LIABILITY
26. INDEMNIFICATION
27. USER DATA
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
29. SMS TEXT MESSAGING
30. CANADIAN USERS AND RESIDENTS
31. MISCELLANEOUS
32. ACCOUNT TRANSFER AND USAGE RESTRICTIONS
33. PHONE MESSAGING POLICY
34. ADDITIONAL CHARGES FOR USAGE-BASED SERVICES
35. CONTACT US
TERMS OF SERVICE Last updated January 01, 2025 AGREEMENT TO OUR LEGAL TERMS
We are Connectifi ("Company," "we," "us," "our"), a company registered in Terrebonne, Canada
at 102-1150 rue Lévis, Terrebonne, Qc J6W5S6. We operate the website https:/connectifi.ca
(the "Site"), the mobile application Lead Connector, Kollab by Lead Connector, Connectifi (the
"App"), as well as any other related products and services that refer or link to these legal terms
(the "Legal Terms") (collectively, the "Services"). You can contact us by phone at
(CAN)(450)232-6322, email at [email protected], or by mail to 102-1150 rue Lévis,
Terrebonne, Qc J6W5S6, Canada. These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"), and Connectifi,
concerning your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Legal Terms from
time to time. We will alert you about any changes by updating the "Last updated" date of these
Legal Terms, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the date such revised
Legal Terms are posted. The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the Services. We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SUBSCRIPTIONS
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE
13. SOCIAL MEDIA
14. THIRD-PARTY WEBSITES AND CONTENT
15. ADVERTISERS
16. SERVICES MANAGEMENT
17. PRIVACY POLICY
18. COPYRIGHT INFRINGEMENTS
19. TERM AND TERMINATION
20. MODIFICATIONS AND INTERRUPTIONS
21. GOVERNING LAW
22. DISPUTE RESOLUTION
23. CORRECTIONS
24. DISCLAIMER
25. LIMITATIONS OF LIABILITY
26. INDEMNIFICATION
27. USER DATA
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
29. SMS TEXT MESSAGING
30. CANADIAN USERS AND RESIDENTS
31. MISCELLANEOUS
32. ACCOUNT TRANSFER AND USAGE RESTRICTIONS
33. PHONE MESSAGING POLICY
34. ADDITIONAL CHARGES FOR USAGE-BASED SERVICES
35. CONTACT US
1. OUR SERVICES The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable. The
Services are not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS Our intellectual property We are the owner or the
licensee of all intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks"). Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties in Canada, the United States and around the world. The Content and Marks are
provided in or through the Services "AS IS" for your personal, non-commercial use or internal
business purpose only. Your use of our Services Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to: access the Services; and download or print a copy of any
portion of the Content to which you have properly gained access, solely for your personal,
non-commercial use or internal business purpose. Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission. If you wish to make any use
of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: [email protected] If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We
reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any
breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms
and your right to use our Services will terminate immediately. Your submissions and
contributions Please review this section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services. Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about the Services
("Submissions"), you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during which you
may create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal information, or
other material ("Contributions"). Any Submission that is publicly posted shall also be treated as
a Contribution. You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites. When you post Contributions, you grant us
a license (including use of your name, trademarks, and logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any media formats and
through any media channels. This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You are responsible for what you post or
upload: By sending us Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you: confirm that you have read
and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent
permissible by applicable law, waive any and all moral rights to any such Submission and/or
Contribution; warrant that any such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and warrant and represent that your Submissions and/or
Contributions do not constitute confidential information. You are solely responsible for your
Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law. We may remove or edit your Content: Although
we have no obligation to monitor any Contributions, we shall have the right to remove or edit
any Contributions at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any copyright you own or
control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services
through automated or non-human means, whether through a bot, script or otherwise; (6) you will
not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services
will not violate any applicable law or regulation. If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION You may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
5. PURCHASES AND PAYMENT We accept the following forms of payment: - Visa - Mastercard
- American Express - You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in CDN dollars. You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have already requested
or received payment. We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS Billing and Renewal Your subscription will continue and automatically
renew unless canceled. You consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until such time as you cancel the
applicable order. The length of your billing cycle will depend on the type of subscription plan you
choose when you subscribed to the Services. Cancellation All purchases are non-refundable.
An administrator of the account may cancel the subscription at any time by logging into the web
account at https://app.connectifi.ca, navigating to Settings, and then to Company Billing, where
the subscription modification option is available. Alternatively, the subscription may be canceled
by visiting https://billing.app.connectifi.ca, entering the email address originally used for the
subscription purchase, and completing the email verification process via a one-time passcode
(OTP) or URL. This will redirect the user to the Stripe customer portal, where the subscription
cancellation option is available. All cancellations are effective as of the renewal date of the
subscription term. Requests for cancellation submitted via SMS, email, or phone will not be
honored. All cancellations must be initiated by the customer through the CRM platform at
https://crm.getpinnacle.ai or the Stripe billing portal at https://billing.app.connectifi.ca. Should
you have any questions or be dissatisfied with our services, please contact us at
[email protected]. Account Data Handling Post-Cancellation Upon cancellation, all services
and data associated with the account will be permanently deleted within 24 hours of
cancellation. Data recovery is not possible after this time frame, and clients are solely
responsible for exporting any necessary data before account cancellation. All
integrations—including but not limited to phone numbers, email domains, domains, calendar
links, automations, payment systems (e.g., Stripe, PayPal), and third-party services (e.g.,
Google, Facebook, Slack, QuickBooks)—along with all Connectifi features will be deactivated
without the possibility of reinstatement. Clients may choose to resubscribe in the future;
however, this will result in the creation of a new account, which will not be associated with any
previous account data or settings. Connectifi makes no guarantees regarding the availability of
previous data or configurations. Connectifi shall not be held liable for any losses or
inconveniences arising from the inability to restore prior account information or from data loss,
integration disruption, or inconvenience resulting from account cancellation. Connectifi reserves
the right to modify, suspend, or discontinue any service or integration at its sole discretion
without liability, even after account reactivation or resubscription. Your cancellation will take
effect at the end of the current paid term. If you have any questions or are unsatisfied with our
Services, please email us at [email protected]. Fee Changes We may, from time to time, make
changes to the subscription fee and will communicate any price changes to you in accordance
with applicable law.
7. SOFTWARE We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and non-transferable license to use such
software solely in connection with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided "AS IS" without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically endorsed or
approved by us. As a user of the Services, you agree not to: Systematically retrieve data or
other content from the Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us. Trick, defraud, or mislead
us and other users, especially in any attempt to learn sensitive account information such as user
passwords. Circumvent, disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein. Disparage, tarnish,
or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from
the Services in order to harass, abuse, or harm another person. Make improper use of our
support services or submit false reports of abuse or misconduct. Use the Services in a manner
inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or
linking to the Services. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services. Engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools. Delete the copyright or other proprietary rights notice from
any Content. Attempt to impersonate another user or person or use the username of another
user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Services to you. Attempt to bypass any measures of the Services
designed to prevent or restrict access to the Services, or any portion of the Services. Copy or
adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services. Except
as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or
other software. Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses. Use the Services as part
of any effort to compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise. Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be viewable by other users of
the Services and through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that: The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator
and owner of or have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms. You have the written
consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner contemplated by the Services
and these Legal Terms. Your Contributions are not false, inaccurate, or misleading. Your
Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions
are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a specific person or
class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your
Contributions do not violate the privacy or publicity rights of any third party. Your Contributions
do not violate any applicable law concerning child pornography, or otherwise intended to protect
the health or well-being of minors. Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of
the foregoing violates these Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE By posting your Contributions to any part of the Services or
making Contributions accessible to the Services by linking your account from the Services to
any of your social networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any media
channels. This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your Contributions. We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions. We have the right, in our
sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS We may provide you areas on the Services to leave reviews
or ratings. When posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative. We may accept, reject, or remove reviews
in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to
review.
12. MOBILE APPLICATION LICENSE Use License If you access the Services via the App, then
we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to access and use the App
on such devices strictly in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use
the App for any revenue-generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time; (7) use the
App for creating a product, service, or software that is, directly or indirectly, competitive with or
in any way a substitute for the App; (8) use the App to send automated queries to any website
or to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with the App. Apple and
Android Devices The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2)
we are responsible for providing any maintenance and support services with respect to the App
as specified in the terms and conditions of this mobile application license contained in these
Legal Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the App, and to the
maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not
located in a country that is subject to a Canada or US government embargo, or that has been
designated by Canada or the US government as a "terrorist supporting" country and (ii) you are
not listed on any Canada or US government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the App, e.g., if you have a
VoIP application, then you must not be in violation of their wireless data service agreement
when using the App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile application license contained
in these Legal Terms, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such account, a "Third-Party
Account") by either: (1) providing your Third-Party Account login information through the
Services; or (2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party Account (the
"Social Network Content") so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available on and
through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on and
through the Services. You will have the ability to disable the connection between your account
on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that become associated with your
account.
14. THIRD-PARTY WEBSITES AND CONTENT The Services may contain (or you may be sent
via the Site or App) links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any Third-Party Content posted
on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should be aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
15. ADVERTISERS We allow advertisers to display their advertisements and other information
in certain areas of the Services, such as sidebar advertisements or banner advertisements. We
simply provide the space to place such advertisements, and we have no other relationship with
advertisers.
16. SERVICES MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY We care about data privacy and security. Please review our Privacy
Policy: https://getpinnacle.ai/privacypolicy. By using the Services, you agree to be bound by our
Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States, India, Germany, Ireland, United Kingdom, Italy, France, Spain,
Sweden and Switzerland. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, India, Germany, Ireland, United Kingdom, Italy, France,
Spain, Sweden and Switzerland, then through your continued use of the Services, you are
transferring your data to the United States, India, Germany, Ireland, United Kingdom, Italy,
France, Spain, Sweden and Switzerland, and you expressly consent to have your data
transferred to and processed in the United States, India, Germany, Ireland, United Kingdom,
Italy, France, Spain, Sweden and Switzerland.
18. COPYRIGHT INFRINGEMENTS We respect the intellectual property rights of others. If you
believe that any material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to applicable law you
may be held liable for damages if you make material misrepresentations in a Notification. Thus,
if you are not sure that material located on or linked to by the Services infringes your copyright,
you should consider first contacting an attorney.
19. TERM AND TERMINATION These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we
terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services. We will not
be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services. We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate us to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
21. GOVERNING LAW These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Tennessee applicable to agreements
made and to be entirely performed within the State of Tennessee, without regard to its conflict of
law principles.
22. DISPUTE RESOLUTION Informal Negotiations To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the
other Party. Binding Arbitration If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the American Arbitration Association (AAA) website. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to
do so. Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Canada, Quebec. Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Terrebonne, Quebec, and the Parties
hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and federal courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no
event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court. Restrictions The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons. Exceptions to
Informal Negotiations and Arbitration The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
23. CORRECTIONS There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior notice.
24. DISCLAIMER THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
25. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of
the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful act toward any other user
of the Services with whom you connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. USER DATA We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of such
data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the
Services, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
29. SMS TEXT MESSAGING Opting Out If at any time you wish to stop receiving SMS
messages from us, simply reply to the text with "STOP.” You may receive an SMS message
confirming your opt out. Message and Data Rates Please be aware that message and data
rates may apply to any SMS messages sent or received. The rates are determined by your
carrier and the specifics of your mobile plan. Support If you have any questions or need
assistance regarding our SMS communications, please email us at [email protected] or call at
(CDN)(450)232-6322.
30. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
31. MISCELLANEOUS These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
32. ACCOUNT TRANSFER AND USAGE RESTRICTIONS 1. Account Ownership and
Permitted Users: Each Pinnacle AI account is owned and controlled solely by the original
account holder. While the account itself is non-transferable, the account holder may grant
access to authorized users within their organization. However, the account holder remains
ultimately responsible for all activity within the account and for ensuring compliance with these
Terms of Service by all authorized users. 2. Prohibition on Account Transfers: Account holders
are strictly prohibited from transferring, assigning, selling, leasing, or sharing their Connectifi
account with any external individual, entity, or organization, including but not limited to other
marketing agencies or businesses, regardless of any affiliation or ownership. This restriction
applies under all circumstances, unless explicitly authorized in writing by Connectifi. 3.
Restrictions on Content and Material: All content, data, and materials generated, stored, or
processed within your Connectifi account, including but not limited to reports, graphics,
documents, and other intellectual property, are for use exclusively within your Connectifi account
by you and your authorized users. You may not transfer, copy, share, or use these materials
outside of the Connectifi platform, except as expressly permitted in these Terms of Service or
with the express written consent of Connectifi. This restriction is in place to protect Connectifi's
proprietary technology, confidential information, and intellectual property rights. 4. Exclusion of
Contact Data: You may export or transfer contact data, such as names, phone numbers, email
addresses, and other related contact information, from your Pinnacle AI account, provided that
such actions comply with all applicable privacy laws, including but not limited to the GDPR,
CCPA, and CAN-SPAM Act, as well as Connectifi’s Privacy Policy. This exception is intended to
facilitate legitimate business communications and does not permit the transfer of any other
account data or materials. 5. Consequences of Unauthorized Transfer: Any unauthorized
attempt to transfer, share, or allow access to your Connectifi account or its associated content to
any unauthorized party will result in immediate account termination. Connectifi reserves the right
to pursue any and all legal remedies available under applicable law in the event of an
unauthorized transfer. By creating an account with Connectifi, you acknowledge and agree to
abide by these terms and conditions, which are designed to ensure the integrity, security, and
proper use of the services provided by Connectifi.
33. PHONE MESSAGING POLICY All messaging transmitted via the Connectifi platform,
regardless of use case or phone number type (e.g., long code or toll-free), must comply with
Application-to-Person (A2P) messaging standards. All A2P messages originating from the
system are subject to this Messaging Policy, which includes the following rules and prohibitions:
Consent (“opt-in”): Consent cannot be bought, sold, or exchanged. For example, you cannot
obtain the consent of message recipients by purchasing a phone list from another party. SMS
should only be sent to opted-in contacts. Revocation of Consent (“opt-out”): The initial message
sent to an individual must include language such as “Reply STOP to unsubscribe,” or an
equivalent, so individuals have the ability to revoke consent at any time by replying with a
standard opt-out keyword. Sender Identification: Every initial message must clearly identify you
(the party that obtained the opt-in from the recipient) as the sender, except in follow-up
messages of an ongoing conversation. Messaging Usage: You should not send messages
related to alcohol, firearms, gambling, tobacco, or other adult content. Filtering Evasion: We do
not allow content designed to evade detection by unwanted messaging detection and
prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out
phrases created to evade these mechanisms. We do not permit snowshoeing, which is
spreading similar or identical messages across many phone numbers to evade unwanted
messaging detection and prevention mechanisms. This policy applies to all customers using
Pinnacle Ai's phone messaging services to safeguard their messaging capabilities and services.
How We Handle Violations When we identify a violation of these principles, we will, where
possible, work with customers in good faith to get them back into compliance with the
messaging policy. However, to protect the continued ability of all our customers to freely use
messaging for legitimate purposes, we reserve the right to suspend or remove access to the
platform for customers or customers’ end users who are not complying with the Messaging
Policy or following applicable laws or communications industry guidelines and standards, in
some instances with limited notice in the case of serious violations of this policy. SMS Ramp-Up
Model (V2) Starting February 1st, 2024, all accounts created under Connectifi Phone will have
an 8-level ramp instead of the 7-day ramp with a lower limit. Below is the table detailing the
ramp: Level
SMS Sending Limit
1 100
2 250
3 500
4 750
5 1500
6 2250
7 3000
8 3000+
How it Works: This ramp does not start on the signup date; it starts on the day the first
successful SMS message is sent. All accounts start at Level 1, enabling them to send 100 SMS
within 24 hours. To increase sending limits, the account must send the full level sending limit
within a 24-hour window. After sending the full level sending limit within 24 hours, the account
will be temporarily restricted from sending SMS for the next 24 hours. During this temporary
restriction, SMS sending is disabled. After 24 hours, the temporary restriction will be removed,
and the account will unlock the next level sending limit, increasing their sending limit. Example:
A new account will start at Level 1 with a sending limit of 100 SMS within 24 hours. To unlock
Level 2, the account must send 100 SMS within 24 hours. After sending 100 SMS within 24
hours, the account will be temporarily restricted from sending SMS for 24 hours. After 24 hours,
SMS sending will be allowed again, and the account will unlock Level 2 with a sending limit of
250. This process continues until Level 8, which allows for sending 3000+ SMS.
FAQs on SMS Ramp-Up Model
Can I change or remove this ramp-up model? No. Previously, agencies could change the SMS
limit within the ramp or post-ramp period. That capability has been removed.
Do one-to-one and missed call text back SMS count toward my daily limit sending? Yes.
Previously, one-to-one messages and missed call text back messages were not counted as part
of the day’s total message; this will be counted henceforth.
Can I send one-to-one messages during the 24-hour temporary sending restriction after
reaching my level limit? No. Previously, when a location was temporarily restricted, one-to-one
messages were allowed. That capability has been removed.
Why the Change? Connectifi's phone policy was implemented to: Avoid SMS spam blasts from
fake signups. New accounts on Connectifi Phone will follow the Ramp-Up Model. Avoid getting
accounts blocked due to suspicious activity. Avoid legal actions due to increased spamming to
non-consenting customers. Only bulk SMS sending will have daily limitations to avoid account
suspension due to non-compliant messaging activity. Error Screens or Notifications During a
Violation: Conversation Error: You have exceeded your SMS sending limit. Bulk Action: You are
allowed to send 5000 message(s) in a day. You have already sent 5000 message(s). If you wish
to proceed, 1 Message(s) will be failed. Spam Message Handling Each message sent from the
account ends up with one of the following four statuses: Sent: The messages for which we did
not receive a response from the carrier can be in any of the statuses below. Delivered: The
messages successfully delivered to the contact. Failed: The messages canceled or not sent to
the carrier to forward to the contact. Undelivered: The messages sent were suspicious or did not
fulfill the messaging policy. As part of this feature, we will only consider undelivered messages.
All undelivered messages will have a particular error code stored at each message level. We will
use these codes to enable Temporary/Permanent DND at a contact level, preventing new SMSs
from being sent to them and increasing your deliverability rate. The table below summarizes the
undelivered SMS error codes, their descriptions, and the relevant remediation measures:
Response Code Code Description Remediation 30005 User Inactive/Number does
not exist Enable Temporary DND 30003 Unreachable- Out of Service Enable
Temporary DND 30004 Do not want SMS/DND enabled Enable Permanent DND
30006 Landline/Incapable to receive SMS Enable Temporary DND 30008 None of the
above scenarios matched Do nothing Temporary DND: The DND set at a contact level can
be revoked by the agency or location. Permanent DND: The DND set at the contact level cannot
be revoked by the agency or location as the contact is incapable of receiving the message or
has opted out of receiving messages. Opt-Out Keyword: Individuals must have the ability to
revoke consent at any time by replying with a standard opt-out keyword like STOP, Unsubscribe,
etc. In this case, a permanent DND will be enabled at the contact level. Advantages: This will
restrict the location from sending SMS to non-relevant contacts, eventually increasing the
deliverability rate and decreasing the possibility of getting blocked. Locations will only send
messages to contacts who have opted in. Spam Messaging Error Screens: Conversation:
Cannot send messages as DND is active for SMS. Bulk Action: All SMS sent via features like
workflow and bulk SMS will automatically skip the DND-marked contacts from the sender list.
How to Revoke the DND for a Contact: For Temporary DND, go to the contact details and
remove the DND flag. For Permanent DND, you cannot revoke it from the UI. To revoke the
permanent DND, request the contact to send a reply with the "START," "YES," or "UNSTOP"
keywords to the number. This should automatically remove the DND from the contact. Note: If
the START keyword does not revoke the DND and incoming/outgoing messages still fail, please
raise a support ticket. Opt-Out Language Addition Consent for sending communications cannot
be bought; it must be obtained explicitly from the user. Each initial message sent out by the
company to an end-user must include two mandatory pieces of information: Sender ID and
opt-out language. Opt-Out Language: The end user should have the capability to remove
consent at any time. Each initial message should include opt-out keywords like STOP,
UNSUBSCRIBE, etc. We will additionally add the opt-out language: “Reply STOP to
unsubscribe.” Note: The “Opt-out message” feature is applicable to bulk actions (Bulk SMS),
workflows, and campaigns, but not to one-on-one conversations unless it is the first text being
sent to a new contact who has never sent a text to the Pinnacle Ai phone number before.
Sender Information Addition Consent for sending communications cannot be bought; it must be
obtained explicitly from the user. Each initial message sent out by the company to an end-user
must include two mandatory pieces of information: Sender ID and opt-out language. SenderID:
Every message you send must clearly identify you (the party that obtained the opt-in from the
recipient) as the sender, except in follow-up messages of an ongoing conversation. We will
additionally add the sender info: “Thanks, .” Note: The “Sender ID” feature is only applicable to
bulk actions (Bulk SMS), workflows, and campaigns, and not to one-on-one conversations. Error
and Opt-Out Rate Monitoring We focus on helping our customers deliver trusted
communications. To ensure that the carrier does not block or suspend the account permanently
based on bad usage, we will monitor the delivery rate of the overall account and take proactive
measures to keep the delivery rate in check: Violation Email: We will send a notification email
when the account hits an error rate of 8% and an opt-out rate of 1%. Temporary Account
Restriction: We will send a suspension email when the account hits an error rate of 12.5% and
an opt-out rate of 2.5%. Note: When the account hits the temporary suspension, all upcoming
outbound SMS will fail until 00:00 AM UTC. What to Do When You Receive a Violation Email:
Stop all workflows, campaigns, triggers, and/or bulk actions to contacts who have not explicitly
opted in to receive messages from the account. Enable and customize the opt-out language and
SenderID message as per your use case to prevent upcoming messages from being flagged.
Discuss with your client to ensure no bulk communication, message blasts, or cold prospecting
message campaigns are sent in the near future before replying to the support ticket. Error and
Opt-Out Rates: High Opt-Out Rate: Indicates that contacts receiving your messages have
objected, generated complaints, or marked your SMS as spam. A good opt-out rate is typically
0—1%. Once the opt-out rate hits 2%, the account will be locked for sending text messages for
24 hours. High Delivery Error Rate: Indicates sending SMS to contacts that are no longer in
service, unreachable, or using a non-SMS-capable device such as a landline. This may also
mean external carrier filters are refusing to deliver your SMS due to past bad sending behavior.
A good error rate is typically 0—6%. Once the error rate hits 12%, the account will be locked for
sending text messages for 24 hours. How to Remove Account Suspension Early: The account
suspension will be lifted in 24 hours. If the account is permanently suspended, refer to the
article "Why is your account suspended" to unsuspend the account. Note: One-on-one
conversations, test SMS, resend messages, and missed call text back are allowed even if the
account is suspended. FAQs: How often does the SMS limit last? The SMS limit refreshes every
24 hours. For new accounts, the increments increase daily according to the ramp-up table. After
the 8th day, the SMS limit is capped at 5000 per day. Can I send more than 5000 SMS per day?
Once your location(s) hit the 8th-day mark (5000 SMS per day), you may request a limit
extension from support. What happens when we hit our daily limit? Can we respond to SMS if a
lead replies? No. The SMS daily limits affect all messaging activities, including manual SMS in
conversations, automation within workflows, and bulk actions. Can we undo the DND option in
bulk? No, this prevents sending SMS in bulk again after DND is enabled for the contacts. Does
the auto-append Sender ID and Opt-Out Language feature apply to every first text of workflow
or manual SMS? This feature is only applicable to bulk actions (Bulk SMS) and not to
one-on-one conversations, workflows, or campaigns.
34. ADDITIONAL CHARGES FOR USAGE-BASED SERVICES 1. Answering Machine
Detection: Subscribers will incur a charge of $0.01125 per call for using answering machine
detection. 2. Auto-Complete Address: Subscribers will incur a charge of $0.0045 for each
search result and $0.0079 per result selection. 3. Call Recording: Subscribers will incur a
charge of $0.00375 per minute for call recordings. 4. Call Recording Storage: Subscribers will
incur a charge of $0.00075 per minute per month for storing call recordings. 5. Call
Transcription: Subscribers will incur a charge of $0.036 per minute for generating call
transcriptions. 6. Conference Calls: Subscribers will incur a charge of $0.0027 per minute per
participant for conference calls. 7. Content Ai: Subscribers will incur a charge of $0.135 for
every 1000 words processed and $0.09 per image processed by the Content Ai service. 8.
Conversation and Voice Ai: Subscribers will incur a charge of $0.03 for each message
processed and $0.195 per minute for voice calls processed by the Conversation and Voice Ai
service. 9. Domain Purchase: Subscribers will incur a charge of $15 per domain purchased
through the service. 10. Email Verification: Subscribers will incur a charge of $0.0037 per email
verification conducted through the service. 11. Emails: Subscribers will incur a charge of $0.001
for each email sent through the service. 12. Funnel Ai: Subscribers will incur a charge of $1.485
for each funnel generated. 13. Making Calls: Subscribers will incur a charge of $0.021 per
minute for making calls through the service. 14. Number Intelligence: Incoming calls from an
unknown USA number will incur a charge of $0.01 for name lookup and $0.005 for spam
detection. Outgoing SMS to a new phone number worldwide will incur a charge of $0.005 for
number validity check. 15. Premium Triggers & Actions (gold crown): Subscribers will incur a
charge of $0.015 per premium trigger or action used in the workflow. 16. Receiving Calls:
Subscribers will incur a charge of $0.0128 per minute for receiving calls through the service. 17.
Review Ai: Subscribers will incur a charge of $0.12 for each review response generated by the
Review Ai service. 18. Text Messages: Subscribers will incur a charge of $0.0119 per segment
sent as a text message through the service. 19. Voicemail Drops: Subscribers will incur a
charge of $0.027 per minute for voicemail drops. 20. Voice Intelligence: Call transcription
services will incur a charge of $0.036 per minute on top of call recordings for generating the
transcription. 21. WhatsApp Messages: Subscribers will incur a charge of $0.111 per
conversation through the service.
22. Workflow Ai: Subscribers will incur a charge of $0.045 for each GPT-4 or GPT-4o execution
and $0.0225 for each GPT-3.5 execution by the Workflow Ai service. Please note that all
charges listed are exclusive of any applicable taxes or surcharges. Usage fees will be billed as
the usage occurs. Pricing and fees are subject to change with without prior notice.
35. CONTACT US In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at: Connectifi 102-1150 rue Lévis,
Qc J6W5S6 Canada Phone: (CDN)(450)232-6322 [email protected]
