Terms of Service
Terms of Service
Last updated September 23, 2024
These Terms of Service ("Terms") govern your use of the Services (defined below) provided by Fair, a product by Fairfax Partners Inc. ("Fair," "Company," "we," "us," or "our"). These Terms are a binding legal agreement between you or the entity you represent ("Customer" or "you"). If you (the person accepting these Terms) are accepting these Terms on behalf of your employer or another entity, you agree that: (i) you have full legal authority to bind your employer or such entity to these Terms, and (ii) you agree to these Terms on behalf of your employer or such entity. If you are accepting these Terms using an email address from your employer or another entity, then: (i) you will be deemed to represent that party, (ii) your acceptance of these Terms will bind your employer or that entity to these Terms, and (iii) the word "you" or "Customer" in these Terms will refer to your employer or that entity.
In these Terms, a “user” is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We operate the website https://fairsystems.ai (the "Site"), which is owned by Fairfax Partners Inc., as well as any other related products and services that refer or link to these Terms (collectively, the "Services").
By accessing or using the Services:
You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Site or a user of the Services.
You agree that we may contact and communicate with you (and your users) using pre-recorded or artificial voices.
You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent.
If these Terms have materially changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms.
Please note that we may revise and update these Terms from time to time at our sole discretion. If we make a change to the Terms, we will post the revised Terms on our Site. You acknowledge and agree that your continued access or use of the Site or Services constitutes your acceptance of the revised Terms.
PLEASE NOTE:
CERTAIN SERVICES MAY BE MADE AVAILABLE ON A SUBSCRIPTION BASIS. IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, THEN YOUR SUBSCRIPTION AND THESE TERMS WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4 BELOW.
SECTION 18 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 18 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.
1. OUR SERVICES
The Services are controlled or operated (or both) from Canada and the United States and are not intended to subject us to any non-Canadian or non-US jurisdiction or law. The Services may not be appropriate or available for use in some jurisdictions outside of Canada and the US. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Access. During the applicable initial or renewal term for your subscription to the Services (“Subscription Term”) identified in the applicable check-out webpage to purchase the Services or other ordering document agreed to by the parties (“Order”), you may access and use, and may allow authorized users to access and use the Services subject to and in accordance with Section 8 below. It is a condition of your use of the Services that the information you provide is correct, current, and complete. You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.
Account Registration. To access the Services in all cases, you must register for an account in accordance with this Section below. To access a Paid Plan, you must purchase the Services under an Order with us.
You can invite your employees, agents, or other third parties authorized by you to access or use the Services (“Authorized User(s)”) to your account and must designate at least one Authorized User to be an Administrator, who will manage and control the account. (For purposes of these Terms, an "Administrator” means an Authorized User designated by you to manage and control your and Authorized Users’ accounts.) If a user joins an existing account created by another person or organization, that person or organization is the customer and the user is an Authorized User. You are responsible for (and shall ensure) your Administrators’ and Authorized Users’, if applicable, compliance with these Terms. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. If your account is canceled, terminated, or suspended, you and, if applicable, your Authorized Users, will lose the ability to access and use such account(s) and any of Customer Data (defined below) that you have uploaded or stored using the Services. We may immediately delete Customer Data at the time of cancellation, termination, or suspension of such account(s), and we will not be liable to you or any third party in connection with such deletion of Customer Data or your loss of access and use of such.
2. FAIR BY FAIRFAX PARTNERS INC. AS AN INVESTOR RELATIONS FIRM
Fair by Fairfax Partners Inc. is an Investor Relations (IR) firm, and we provide Services intended to facilitate communications between companies and their investors. As an IR firm, we are subject to various regulations, including securities laws and anti-spam laws in multiple jurisdictions, including but not limited to Canada, the United States, and other potential jurisdictions. You understand and agree that we operate under these legal frameworks, and by using our Services, you are also subject to these regulations.
Compliance with Securities Laws. By using our Services, you agree to comply with all applicable securities laws and regulations in your jurisdiction. You represent and warrant that any information or communications transmitted through our Services will not include any material non-public information (MNPI) unless such information has been properly disclosed according to applicable law.
No Insider Trading. You agree not to use our Services to engage in insider trading or other illegal activities. If we become aware of any unlawful activities through the use of our platform, we reserve the right to report such activities to relevant authorities.
Compliance with Anti-Spam Laws. We comply with anti-spam regulations in all applicable jurisdictions, including but not limited to Canada's Anti-Spam Legislation (CASL) and the U.S. CAN-SPAM Act. You agree that any marketing or outreach communications sent through our Services will adhere to these laws. This includes obtaining proper consent from recipients before sending electronic communications and providing a clear option to opt out of such communications.
3. CUSTOMER RESPONSIBILITIES
By sending us submissions and/or posting Customer Data through any part of the Services or making Customer Data available through the Services by linking your account through the Services to any of your social networking accounts, you: (i) confirm that you have read and agree to these Terms, including, without limitation, Section 6 and Section 9 below; to the extent permissible by applicable law, waive any and all moral rights to any such submission and/or contribution; (iii) represent and warrant that any such Customer Data are original submissions and/or contributions, you have the necessary rights and licenses to submit such submissions and/or contributions, and that you have full authorization to grant us the above-mentioned rights in relation to your submissions and/or contributions; and (iv) further, you agree that your Customer Data and/or contributions do not constitute confidential information. You are responsible for your Customer Data and submissions and/or contributions, and you expressly agree to reimburse us for any and all losses related to Customer Data because of your breach of (a) these Terms, (b) any third party’s intellectual property rights, or (c) applicable law. Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any Customer Data or contributions at any time at our sole discretion. If we remove or edit any such Customer Data or contributions, we may also suspend your account and report it to law enforcement authorities if necessary.
4. PLANS; AUTOMATIC RENEWAL REGISTRATION
Paid Plans. We offer paid access to the Services under various subscription plans as specified in the applicable Order (each, a "Paid Plan"). Pricing for Services starts at CAD $2,000 per month for a minimum commitment of 3 months. We also offer 6-month and 12-month subscription options. All payments must be made in accordance with the terms specified in the Order.
Automatic Renewal; Cancellation. Unless otherwise stated in an Order, each Subscription Term will automatically renew for successive billing periods unless you cancel or downgrade your subscription prior to the end of the then-current billing cycle. You authorize us to charge your credit card on file or invoice you for each renewal until you cancel your subscription. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing cycle for Paid Services.
Price Changes. We may increase or modify our pricing for Paid Plans at any time without notice, at our sole discretion, and the new pricing will go into effect upon the start of the next billing cycle for your Paid Plan subscription. If you do not terminate your Paid Plan subscription before renewal, you authorize us to collect payment for the increased or modified pricing.
5. PURCHASES AND PAYMENT
Fees
You will pay us the fees for the Services as displayed on the Order (“Fees”) in the manner specified by us, plus any applicable Taxes in accordance with this Section. You agree and understand that if you do not pay us the Fees due for the Services within the agreed time period, then we reserve the right to suspend your access and use of the Services until such Fees are paid as provided in this Section. If you reasonably and in good faith believe that we have billed you incorrectly, and reasonably and in good faith dispute the Fees billed to you, then you must contact us no later than thirty (30) days after the invoice date on the invoice in which the error or problem appeared, in order to receive an adjustment or credit (if applicable). All Fees are non-refundable and non-creditable, except as expressly set forth in these Terms.
Taxes
All Fees and other amounts payable by you under these Terms are exclusive of all government-imposed taxes, levies, or duties, including value-added, sales, use, or withholding taxes, except for taxes based on our net income and similar assessments (“Taxes”). You are responsible for all sales, use, and excise Taxes, and any other similar Taxes, duties, and charges of any kind imposed by any federal, state, provincial, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any Taxes imposed on our income.
Payment
Unless otherwise provided in an applicable Order, you will pay all Fees due at the time of purchase. You will make all payments hereunder in Canadian dollars or U.S. dollars, as applicable. You will make payments to the account specified in the applicable Order or such other account as we may specify in writing from time to time. If you are paying Fees using a credit card or any digital payment method supported by us, you authorize us to charge your account for the Services using that payment method. You must keep all information in your billing account current to ensure that all Fees are charged to the appropriate account and are timely paid. If you notify us to stop using a previously designated payment method and fail to designate an alternative, we may immediately suspend use and access to the Services. Any notice from you changing its billing account will not affect charges we submit to your billing account before we reasonably can act on your request. We may use a third-party intermediary to manage credit card processing, and this intermediary is not permitted to use your credit card information except in connection with your authorized purchases. Notice (including email) from our third-party credit card processor declining your credit card or otherwise relating to your account will be deemed valid notice from us.
6. PROHIBITED ACTIVITIES
As a user of the Services, you agree not to (and will not allow any third party to):
- Modify, copy, display, republish or create derivative works based on the Services or Fair Materials.
- Act as a reseller or distributor of, or a service bureau for the Services or otherwise use, exploit, make available, or encumber the Services to or for the benefit of any third party.
- Access or use the Services without the prior written consent of us if you are or become a direct competitor to us or our affiliates.
- Access the Services in order to build a competitive product or service, or copy any ideas, features, functions, or graphics of the Services.
- Share access, use, or information about the Services with a direct competitor of us.
- 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.
- Incorporate or merge the Fair Materials into another software product, or otherwise access or use the Fair Materials and/or Documentation to create, modify or enhance any software or competing service.
- Combine or use the Services with any third-party hardware, networks, code, data, or services that infringe any third-party right.
- 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.
7. FAIR BY FAIRFAX PARTNERS INC. RIGHTS
We reserve the right to suspend your access to the Services in the event (a) we believe your use of the Services represents an imminent threat to our users or network, (b) of your breach or violation of any laws or regulations applicable to your use of the Services or your breach of these Terms, or (c) if so directed by a court or competent authority. In such cases, we will (i) suspend such the Services only to the extent reasonably necessary to prevent harm to our users or network; (ii) use our best efforts to promptly contact you and give you the opportunity to change the configuration of its server(s) accordingly and/or work with you to resolve the issues causing the suspension of such the Services; and (iii) reinstate any suspended Services promptly after the issue is abated. Without limiting the foregoing, we reserve the right to manage bandwidth or route traffic across the Internet in a commercially optimal way, provided such actions do not compromise our obligations regarding the Customer Data.
We have the right to (i) remove or limit distribution of Customer Data that we deem reasonably necessary or appropriate if we conclude that any Customer Data violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any individual or could create liability for us; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any violation of these Terms. Notwithstanding the foregoing, we are not obligated to review Customer Data before it is posted via the Services, and we cannot ensure prompt removal of objectionable Customer Data after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Authorized User or third party. We disclaim all liability or responsibility for exercise or nonexercise of our rights under this Section.
8. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
Except as expressly stated, these Terms do not grant any rights, implied or otherwise, to any intellectual property. We own the Services and all of our trademarks, logos, branding, and any other content that we create in connection with the Services (“Company Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Company Content and the Services (collectively, “Fair IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Fair IP are retained by us.
We hereby grant to you during the Term a non-exclusive, non-transferable, non-sublicensable, worldwide, and irrevocable (subject to our right to terminate these Terms) license to access and use the Services subject to any usage capacity or other limitations set forth in the Order (“Usage Limits”) solely for: (i) in the case of a Paid Plan, your internal business purposes to enable its products and services with artificial intelligence capabilities in accordance with these Terms; (ii) in the case of a Free Trial or access to the Free Tier, your internal, non-commercial evaluation purposes to determine whether you desire to seek paid access to the Services in accordance with these Terms.
9. CUSTOMER DATA
We do not assert any ownership over your Customer Data. You retain full ownership of all of your Customer Data and any intellectual property rights or other proprietary rights associated with your Customer Data. You are responsible for ensuring all calls, video, audio, or transcription data, images, comments, clips, or other content or information submitted or uploaded to the Services by or otherwise collected by us on behalf of you or your authorized users ("Customer Data") and any other content or information provided to us or uploaded, posted, recorded, or transmitted to the Services complies with these Terms and all applicable laws, including, but not limited to, laws requiring you to obtain the consent of a third party to collect, record, or use the Customer Data and to provide appropriate notices of third-party rights. Under no circumstances will we be liable in any way for any (a) Customer Data that is transmitted or viewed while using the Services, (b) errors or omissions in Customer Data, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Customer Data. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Customer Data.
Subject to these Terms, you hereby grant us a non-exclusive, worldwide, royalty-free right, during the Term, to process the Customer Data solely (a) to the extent necessary to provide the services contemplated by the Services, (b) to provide, protect, and update the Services, (c) to enforce these Terms and exercise its rights hereunder, (d) as required by law, and (e) as otherwise instructed by you.
As between the parties, you own the Customer Data, but you acknowledge that we are in the business of improving and making enhancements to the Services, partially through learnings generated by training Customer Data. Accordingly, you hereby grant us a non-exclusive, perpetual, irrevocable, transferable, worldwide, and royalty-free license to use, reproduce, modify, and otherwise exploit the Customer Data for the following purposes: to operate, train, modify, maintain, support, update, enhance, exploit, and otherwise use and improve the Services, Fair IP, and all of our current or future products, services, and technology. We have the right to grant and authorize sublicenses (through multiple tiers) to the foregoing licenses in this Section at our sole discretion. We remain liable for ensuring sublicensees comply with the scope of the licenses in this Section.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Customer Data; (2) to re-categorize any Customer Data to place it in more appropriate locations on the Services; and (3) to pre-screen or delete any Customer Data at any time and for any reason, without notice. We have no obligation to monitor your Customer Data.
You will not and will ensure your authorized users do not upload, post, record, or transmit any harmful, offensive, unlawful, or otherwise objectionable content to us or the Services, including:
- Your Customer Data is not false, inaccurate, or misleading.
- Your Customer Data is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Customer Data is not hateful, defamatory, vulgar, discriminatory, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Customer Data does not violate any applicable law, regulation, or rule.
10. 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 reviews.
11. THIRD-PARTY WEBSITES AND CONTENT
The Service may contain or may interact with or otherwise be associated with third-party platforms, services, plug-ins, applications, ads, tools, and/or other content, and/or links to third-party websites or other services that are not owned, controlled, or operated by us ("Third-Party Websites"), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with us ("Third-Party Content"). We may also host our content, apps, and tools on Third-Party Websites. We are not responsible for the content of any Third-Party Websites, 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. 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. Your use of Third-Party Websites linked from the Services is at your own risk and will be governed by such third party's terms and policies. 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.
12. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Fairfax Partners Inc.
connect@fairfaxpartners.ca