Terms of Service

1. Our Services

FiveMinder provides an AI-powered platform that enables users to create, train, and deploy AI assistants for various business purposes, including customer support, knowledge management, and automated communications. The Services include web-based dashboards, embeddable widgets, API access, and telephony integrations. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

2. Account Registration

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You must be at least 18 years of age to create an account and use the Services.

3. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by FiveMinder, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of any content, data, or materials you upload, submit, or create using the Services ("Your Content"). By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process Your Content solely as necessary to provide the Services to you. We do not claim ownership of Your Content.

4. Acceptable Use

You agree not to use the Services in any manner that:

• Violates any applicable federal, provincial, state, local, or international law or regulation
• Infringes upon or violates the intellectual property rights or privacy rights of any third party
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
• Involves the transmission of unsolicited mass communications, spam, or chain letters
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, servers, or networks
• Introduces any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity
• Uses the AI assistants to generate content that is illegal, harmful, or violates the rights of others

5. Billing and Payment

The Services operate on a prepaid credit-based billing model. You may purchase credits in your preferred currency, which will be applied to your account balance. Usage of the Services, including AI processing, telephony minutes, and other billable activities, will be deducted from your credit balance. Pricing is subject to applicable markups and currency conversion fees as disclosed at the time of purchase. Credits are non-refundable except where required by applicable law or at our sole discretion. We reserve the right to modify our pricing, fees, or billing methods at any time with reasonable notice. If your account has insufficient credits, access to certain features may be suspended until credits are added.

6. Third-Party Services

The Services may integrate with or rely on third-party services, including but not limited to AI providers, payment processors, communication services, and analytics platforms. Your use of any third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for the availability, accuracy, or content of any third-party services, and we do not endorse or assume any responsibility for any such third-party services or their providers.

9. Indemnification

You agree to defend, indemnify, and hold harmless FiveMinder, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may do so through your account settings or by contacting us. Upon termination, we will retain your data in accordance with our data retention policy as described in our Privacy Policy. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Services shall be instituted in the courts of the Province of Quebec, and you agree to submit to the jurisdiction of such courts. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

13. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and FiveMinder regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.