Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AI Advantage Solutions ("Company," "we," "us," or "our") regarding your use of the Daily Tracker platform (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Daily Tracker is an AI-powered sales coaching platform that provides:

• Conversation analysis and AI coaching for sales calls
• Activity tracking (dials, conversations, meetings, revenue)
• Email generation and campaign tracking
• Team performance management and analytics
• Multi-methodology support (Sandler, MEDDIC, Challenger, SPIN, Gap Selling)

The Service uses artificial intelligence (AI) models, including Anthropic's Claude, to analyze sales conversations and provide coaching feedback.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to:

• Provide truthful, current, and complete registration information
• Maintain and update your information to keep it accurate
• Be at least 18 years of age or the age of majority in your jurisdiction
• Not create multiple accounts or share your account with others

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

4. Subscription and Payment Terms

4.1 Subscription Plans

The Service is offered on a subscription basis with various pricing tiers. Subscription fees are charged in advance on a recurring basis (monthly or annually, as selected).

4.2 Payment

You agree to:

• Provide current, complete, and accurate payment information
• Authorize us to charge all subscription fees to your payment method
• Pay all fees in Canadian Dollars (CAD) unless otherwise agreed
• Pay applicable federal and provincial taxes (HST/GST/PST)

4.3 Price Changes

We reserve the right to modify subscription fees with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• No Refunds: Subscription fees are non-refundable except as required by law or at our sole discretion.
• Free Trial: If offered, free trials must be canceled before the trial period ends to avoid charges.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for sales coaching and performance improvement.

5.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that infringes intellectual property rights
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems or data
• Reverse engineer, decompile, or disassemble the Service
• Scrape, mine, or harvest data from the Service using automated tools
• Resell, rent, lease, or sublicense the Service without permission
• Violate any applicable laws or regulations
• Record calls without proper consent under Canadian law

6. Call Recording Consent

Important: You are responsible for complying with all applicable laws regarding call recording, including:

• One-Party Consent (Canada): In most Canadian provinces, you may record conversations you are a party to without informing others. However, it is illegal to record conversations you are not a party to.
• Business Calls: We recommend informing call participants that calls may be recorded for quality assurance and coaching purposes.
• Two-Party Consent Jurisdictions: If calling parties in jurisdictions requiring two-party consent (e.g., some U.S. states), you must obtain explicit consent before recording.

You agree to indemnify and hold us harmless from any claims arising from your failure to comply with call recording laws.

7. Intellectual Property Rights

7.1 Our IP

The Service, including all software, designs, text, graphics, logos, and other content (excluding User Content), is owned by or licensed to us and is protected by Canadian and international intellectual property laws.

7.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.

7.3 User Content

You retain ownership of content you upload to the Service (call transcripts, notes, etc.). By uploading content, you grant us a worldwide, royalty-free license to:

• Process and analyze your content to provide AI coaching
• Store and transmit your content as necessary to operate the Service
• Use anonymized, aggregated data to improve our AI models

We will not share your specific content with third parties except as described in our Privacy Policy.

8. AI-Generated Content

The Service uses AI to generate coaching feedback, email templates, and sales scripts. You acknowledge that:

• AI-generated content is provided for guidance and may not be 100% accurate
• You are responsible for reviewing and verifying all AI-generated content before use
• We do not guarantee the quality, accuracy, or effectiveness of AI-generated content
• You should use professional judgment when applying AI coaching recommendations

9. Data Privacy and Security

We collect and process your personal information in accordance with our Privacy Policy and Canadian privacy laws (PIPEDA). By using the Service, you consent to our Privacy Policy.

We implement reasonable security measures, but cannot guarantee absolute security. You acknowledge and accept the inherent security risks of Internet-based services.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability, fitness for a particular purpose, or non-infringement
• Uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of AI-generated content
• Achievement of specific sales results or performance improvements

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages exceeding the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless AI Advantage Solutions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights (e.g., call recording without consent)
• Content you upload to the Service

12. Term and Termination

12.1 Term

These Terms remain in effect while you use the Service or maintain an account.

12.2 Termination by You

You may terminate your account at any time by canceling your subscription through the Service or contacting us.

12.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if:

• You violate these Terms
• You fail to pay subscription fees
• We are required to do so by law
• We decide to discontinue the Service (with 30 days' notice)

12.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data after 90 days (export your data before termination)
• Provisions that should survive termination (e.g., indemnification, limitation of liability) remain in effect

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada, sitting in Hamilton.

13.3 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve disputes informally by contacting us at john@aiadvantagesolutions.ca.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control (e.g., natural disasters, wars, pandemics, government actions).

16. Contact Information

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