Terms of Service

1. Acceptance of Terms

By creating an account or using Sales Advisor ("the Platform"), you agree to these Terms of Service. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these terms. If you do not agree, do not use the Platform.

2. Eligibility and Age Restriction

The Platform is intended solely for business use by individuals who are at least 18 years of age. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly provide services to, or collect data from, individuals under 18. If we become aware that a user is under 18, we will promptly terminate their account and delete associated data.

3. Description of Service

Sales Advisor is a software-as-a-service (SaaS) platform that provides:

• Customer relationship management (CRM) tools for managing leads, deals, and contacts
• AI-powered sales coaching, content generation, and analytics
• Workflow automation and multi-step campaign sequences
• Communication tools including email, SMS, voice calling, and WhatsApp integration
• Third-party CRM synchronization (Salesforce, HubSpot, Zoho, Pipedrive, Monday.com, Jobber, QuickBooks Online, Antera, SalesRabbit, and others)
• Lead enrichment and discovery through external data providers
• AI-powered inbound call reception and routing
• Team collaboration with role-based access control

Platform Provider Role: Sales Advisor is a technology platform provider only. Sales Advisor does not initiate, author, or send communications on your behalf. You — the customer — are the sole legal sender, initiator, and controller of all emails, SMS messages, voice calls, and other communications transmitted through the Platform. Sales Advisor provides the tools; you direct their use and bear full legal responsibility for all communications sent through your account.

4. Account Registration and Security

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials.
• The Platform enforces single active session per account. Only one device may be logged in at a time to prevent unauthorized access and credential sharing.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these terms.

5. Subscription Plans and Payment

• The Platform offers multiple subscription tiers (Free, Elite, Enterprise) with varying features and usage limits.
• Paid subscriptions are billed through Stripe. By subscribing, you authorize recurring charges at the agreed-upon rate.
• Subscription fees are non-refundable except as required by applicable law.
• We reserve the right to change pricing with reasonable notice. Existing subscribers will be notified before any price changes take effect on their next billing cycle.
• Free tier accounts may have usage limitations including restricted access to certain AI features and integrations.

6. Bring Your Own Credentials (BYOC)

The Platform operates on a BYOC model for many integrations. You acknowledge and agree that:

• You are responsible for obtaining, maintaining, and paying for your own API keys, OAuth credentials, and service subscriptions with third-party providers.
• Your use of third-party services through the Platform is subject to those providers' terms of service and pricing.
• We are not responsible for charges incurred on your third-party accounts as a result of using Platform features.
• You are responsible for ensuring your use of third-party services through the Platform complies with those services' acceptable use policies.
• We encrypt your stored credentials using AES-256-GCM but you should regularly rotate credentials as a security best practice.

7. Data Ownership and Responsibility

• You retain full ownership of all data you input into the Platform.
• You are responsible for ensuring that your collection and use of personal data complies with applicable privacy laws such as GDPR, CCPA, CASL, and other relevant regulations.
• You represent that you have the legal right to store and process the contact information you enter into the Platform.
• We do not claim ownership of your data and will not sell it to third parties.
• We may use anonymized, aggregated data for platform improvement and analytics purposes.

8. AI-Generated Content and Autonomous Agents

• The Platform provides AI-generated content including sales scripts, coaching advice, case studies, lead scores, deal predictions, and other materials.
• AI-generated content is provided for informational and productivity purposes only and should not be treated as professional, legal, financial, or medical advice.
• You are responsible for reviewing and verifying all AI-generated content before using it in business communications or decision-making.
• AI predictions are estimates based on available data and are not guaranteed to be accurate.
• We are not liable for business outcomes resulting from reliance on AI-generated content or predictions.

8.1 Autonomous Agent Responsibility

The Platform includes AI agents that can perform automated actions on your behalf, including but not limited to: sending emails, scheduling follow-ups, scoring leads, generating content, making outbound voice calls, and updating CRM records. You acknowledge and agree that:

• You are fully responsible for all actions performed by AI agents operating under your account, whether initiated manually or triggered automatically by workflows, sequences, or agent configurations.
• AI agents act as your automated delegates. Any communication sent, data modified, or action taken by an AI agent is legally attributable to you as the account holder.
• You are responsible for configuring, monitoring, and supervising all AI agent behavior, including setting appropriate guardrails and reviewing agent outputs.
• Sales Advisor is not a co-operator, co-sender, or joint controller of communications or actions executed by AI agents on your behalf. Sales Advisor provides the automation infrastructure; you direct and control its use.
• You must ensure that all autonomous actions comply with applicable laws, regulations, and the acceptable use policies described in Section 10.

9. Voice Calling, Recording, and Communication

• AI-powered voice calling features use your own Twilio and OpenAI credentials. You are responsible for all costs associated with calls made through the Platform.
• You must comply with all applicable telemarketing laws, do-not-call regulations, and consent requirements.
• The Platform provides a "Do Not Contact" flag for leads. You are responsible for honoring these flags.
• Email tracking should be used in compliance with applicable laws and your recipients' reasonable expectations.

9.1 Call Recording — Processor-Only Role

The Platform provides technical infrastructure to record, store, transcribe, and analyze voice calls at your direction. With respect to call recordings:

• Sales Advisor acts solely as a data processor for call recordings. You are the data controller and the initiating party of all recordings made through the Platform.
• Sales Advisor does not independently access, listen to, review, or use call recordings except as necessary to provide the technical services you have requested (storage, transcription, AI analysis).
• You are solely responsible for obtaining all legally required consent for call recording in the applicable jurisdiction, including compliance with one-party and two-party (all-party) consent laws.
• In two-party/all-party consent jurisdictions (including but not limited to California, Illinois, and the EU), you must obtain explicit consent from all call participants before recording.
• Sales Advisor is not a participant in your calls and does not consent to or initiate recordings. The Platform merely executes recording functionality at your instruction.
• You bear full liability for any claims arising from unauthorized or non-compliant call recording.

10. Acceptable Use

You agree not to:

• Use the Platform to send spam, unsolicited communications, or engage in any form of harassment
• Upload malicious files, scripts, or content designed to exploit vulnerabilities
• Attempt to gain unauthorized access to other users' data or accounts
• Use the Platform to violate any applicable laws or regulations
• Share account credentials with unauthorized individuals
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform
• Use automated scripts or bots to access the Platform outside of provided APIs
• Exceed rate limits or deliberately attempt to degrade Platform performance

10.1 Outbound Communication Restrictions

When using the Platform's communication features (email, SMS, voice calling, WhatsApp), you are solely responsible for:

• Complying with all applicable anti-spam legislation including CAN-SPAM (US), CASL (Canada), GDPR (EU/UK), and PECR (UK).
• Obtaining proper consent before sending commercial electronic messages or making outbound calls.
• Honoring all opt-out requests, unsubscribe requests, and "Do Not Contact" flags promptly.
• Complying with national and regional do-not-call registries and telemarketing regulations (e.g., TCPA in the US, CRTC rules in Canada).
• Ensuring that AI-powered outbound voice calls clearly identify the caller and purpose of the call as required by law.
• Not using the Platform to make robocalls or auto-dialed calls to numbers on do-not-call lists without prior express consent.
• Maintaining accurate suppression lists and ensuring all outbound communications respect lead preferences.

10.2 Outreach Scale and List Restrictions

You specifically agree not to:

• Send bulk unsolicited emails or messages to purchased, scraped, or harvested contact lists.
• Use the Platform's automation features to conduct high-volume outreach to contacts who have not opted in to receive communications from you.
• Import contact lists obtained through web scraping, data brokers, or any method that does not comply with applicable data protection laws.
• Use AI voice calling features for mass automated dialing campaigns without individual lead-level consent verification.
• Circumvent Platform rate limits or send volumes designed to overwhelm recipient mail servers or phone systems.

Sales Advisor reserves the right to monitor outreach volumes, suspend accounts exhibiting abusive patterns, and require evidence of consent upon request. Violations may result in immediate account suspension without refund.

11. White-Label and Multi-Tenant Usage

• The Platform supports white-label branding and custom domain configuration for eligible subscription tiers.
• If you use white-label features, you are responsible for ensuring your branding and marketing materials are accurate and not misleading.
• Each organization operates in an isolated tenant. Data is not shared between organizations.

12. Service Availability and Support

• We strive to maintain high availability but do not guarantee uninterrupted access to the Platform.
• We may perform maintenance that temporarily affects availability, with reasonable notice where possible.
• Platform functionality depends on third-party services. Outages in those services may affect Platform availability.
• Support is provided via email. Response times may vary based on your subscription tier.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sales Advisor, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform, including all communications sent, data processed, and actions taken through your account.
• Any violation of these Terms of Service by you or anyone using your account.
• Any violation of applicable laws or regulations, including but not limited to anti-spam laws (CAN-SPAM, CASL, GDPR), telemarketing regulations (TCPA, CRTC), do-not-call violations, and data protection laws.
• Any third-party claims resulting from your outbound communications, including emails, SMS messages, voice calls, and AI-agent-initiated contacts.
• Any claims arising from your use of AI agents, automated workflows, or autonomous actions performed on your behalf.
• Any unauthorized or non-compliant call recording conducted through the Platform.
• Your use of contact data, including data imported from third-party sources, scraped data, or purchased lists.

This indemnification obligation survives the termination of your account and these Terms.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities.
• Our total liability for any claim arising from your use of the Platform shall not exceed the amount you paid for the Platform in the 12 months preceding the claim.
• We are not liable for any losses resulting from third-party service outages, data breaches at third-party providers, or errors in AI-generated content.
• We are not liable for any regulatory fines, penalties, or legal actions resulting from your communications, outreach activities, or data processing practices conducted through the Platform.

15. Termination

• You may cancel your subscription at any time. Access continues until the end of the current billing period.
• We may suspend or terminate your account for violations of these terms, with notice where practicable.
• Upon termination, you may request an export of your data within 30 days. After that period, data will be permanently deleted within 90 days.
• Sections 8 (AI/Autonomous Agents), 13 (Indemnification), 14 (Limitation of Liability), and 16 (Dispute Resolution) survive termination.

16. Governing Law, Dispute Resolution, and Arbitration

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

16.1 Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be resolved by binding arbitration administered by the ADR Institute of Canada (ADRIC) in accordance with its Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, Canada, in the English language, before a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.2 Class Action and Jury Trial Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Sales Advisor. If you are a resident of a jurisdiction that does not permit class action waivers, this subsection may not apply to you, but the remainder of this section remains in effect.

16.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Nothing in this section limits the jurisdiction of any regulatory authority to enforce applicable laws.

17. No Employment or Agency Relationship

Nothing in the Platform or these Terms creates an agency, partnership, joint venture, or employment relationship between Sales Advisor and the user or their customers. AI agents and automated features operate as tools under your direction and control.

18. No Guarantee of Deliverability

The Platform does not guarantee deliverability, response rates, or commercial outcomes for any communications sent through the Platform, including emails, SMS messages, voice calls, or other outreach. Results may vary based on factors outside our control.

19. Experimental AI Features

Certain AI features may be experimental and subject to change, modification, or removal without notice. You acknowledge that experimental features may have limited functionality, contain errors, or behave unpredictably. Reliance on experimental features is at your own risk.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform or via email at least 30 days before they take effect. Continued use after changes constitutes acceptance of the updated terms.

21. Contact Us

If you have questions about these Terms of Service, please contact us at info@salesadvisor.ca