Terms of Service

Please review this User Terms of Service Agreement (referred to as "the Agreement") carefully before using the AI products provided by Call Fusion ("Service Provider"). THIS DOCUMENT STATES THE TERMS AND CONDITIONS UNDER WHICH CALL FUSION OFFERS YOU ACCESS TO ITS AI PRODUCTS AND SERVICES. THESE TERMS CONSTITUTE A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND CALL FUSION. By accessing and using the website and AI-driven solutions provided by Call Fusion, you, the user (referred to as "Client"), acknowledge and agree to be bound by the Agreement. This Agreement applies to all AI-powered communication solutions and digital interaction platforms offered by Call Fusion.

1. Compliance with Laws and Regulations

This section outlines the responsibilities and acknowledgments regarding compliance with applicable legal and regulatory requirements. It ensures that both Parties adhere to all relevant local, provincial, and federal laws in the deployment and use of AI-driven solutions.

1.1 Client’s Responsibility for Compliance

General Compliance

The Client commits to collaborating with Call Fusion to fully adhere to all relevant local, provincial, and federal laws and regulations in their use of Call Fusion's AI-driven solutions. This encompasses privacy, telecommunications, data protection, and specific compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as adherence to Canadian Radio-television and Telecommunications Commission (CRTC) mandates and the Competition Act as applicable to Call Fusion's AI-driven solutions. Given that Call Fusion may be classified as an Automatic Dialing-Announcing Device (ADAD), obtaining consumer consent in ways that align with this classification is crucial.

Consent and Communication

The Client is responsible for securing consent through any of the following methods, ensuring ease of compliance while maintaining legal integrity:

• Oral Consent: Can be confirmed via an audio recording retained by the telemarketer or the client, or verified by an independent third party.
• Electronic Consent: May be acquired through various electronic means, including but not limited to:
  • Sign-up via Website: When individuals sign up or register on a website, their action can be considered as granting consent, especially if a clear option or disclaimer regarding contact permissions is included during the registration process.
  • Toll-Free Number: Through interaction with a toll-free number provided to obtain consent.
  • Digital Forms and Email Confirmations: Utilizing digital forms submitted via the Internet or email confirmations where the individual explicitly agrees to be contacted.
• Documented Consent: Any method that results in a tangible or electronic record of consent, made directly by the consumer or authenticated by an independent third party, is valid. This includes text message confirmations, signed physical or digital documents, and verified online agreements.

Compliance with the Competition Act

The Client must collaborate with Call Fusion to follow the Competition Act's provisions against deceptive telemarketing practices, which are defined as interactive telephone communications used for promoting products or business interests, making required disclosures at the beginning of calls. The Client and Call Fusion must follow these practices:

• Making false or misleading representations, conditional prize offers, offering free or below-cost products without proper disclosure, and selling products at grossly inflated prices are prohibited.
• Disclose the call's origin, the nature of the product or business interest, and the call's purpose at the beginning of the call.

Business to Consumer (B2C) Interactions

Adherence to consent and Do Not Call regulations is mandatory. The Client must collaborate with Call Fusion to ensure:

• Call Fusion will handle compliance with the National Do Not Call List, except under specific circumstances involving existing customers or recent inquiries. This includes if the consumer:
  • Purchased, leased, or rented a product or service from the company in the last 18 months; or
  • Is in contractual privity with the company for a service that is still ongoing or has expired within the last 18 months; or
  • Has made an inquiry or submitted an application to the company about a product or service within the last 6 months.
• Call Fusion will handle the maintenance of an Internal Do Not Call List specific to the Client, with numbers added within 14 days and retained for at least 3 years and 14 days.
• Restrictions on calling times, prohibitions against contacting emergency lines or healthcare facilities, mandatory caller ID display, and adherence to non-deceptive marketing practices.

Business to Business (B2B) Interactions

Not subject to the same level of regulation as B2C interactions, however, best practices still require:

• Obtaining consent in a manner similar to B2C, ensuring clear communication and agreement before proceeding with calls.
• Respecting similar restrictions on calling times, caller ID displays, and avoiding deceptive marketing strategies.

Compliance for Call Recordings and Transcriptions

In line with Personal Information Protection and Electronic Documents Act (PIPEDA) regulations, Call Fusion and its clients must follow these practices if collecting personal information from contacts:

• Obtain consent either verbally by the customer or by the customer pressing a number on the keypad. Implied consent is considered valid if the customer continues the call with the knowledge that it is being recorded or transcribed.
• Clearly communicate the specific purpose for recording or transcribing a call to the customer.
• Any information collected through call recordings or transcriptions must be used for purposes that a reasonable person would consider appropriate under the circumstances.

1.2 Acknowledgement of Regulations

The Client acknowledges the necessity of abiding by the National Do Not Call List regulations, refraining from contacting numbers listed for 31 days or more, with exceptions for existing customers, recent inquiries, or contractual relationships as specified. Additionally, adherence to an Internal Do Not Call List within 14 days is required, maintaining such numbers for at least 3 years and 14 days.

1.3 Compliance Verification

The Client commits to verifying and documenting compliance efforts, including consent records and adherence to calling practices, to ensure alignment with PIPEDA, CRTC directives, the Competition Act, and potential future regulations under AIDA.

1.4 Updates and Changes in Law

The Client acknowledges that legal standards and regulations governing telecommunications and data protection, along with regulations that affect call transcriptions and AI interactions in the future, are dynamic. Call Fusion commits to reviewing and complying with such regulations upon their enactment to ensure ongoing adherence to legal standards.

2. Responsibilities and Obligations

2.1 Service Provider Obligations

Call Fusion commits to delivering its AI-driven solutions in accordance with the highest standards of quality and reliability. This includes ensuring that the AI rep functions efficiently, accurately, and in a manner that is user-friendly for the Client's needs.

2.2 Client Obligations

The Client agrees to provide all necessary information and access to systems required for the integration and effective functioning of the AI rep. This includes, but is not limited to, access to customer data, integration points with existing CRM systems, and other digital platforms as necessary.

2.3 Proper Use Clause

The Client agrees to follow guidelines ensuring ethical and legal use of Call Fusion's software, refraining from unlawful, fraudulent, or malicious activities. Misuse of the software, such as sending spam or infringing upon intellectual property rights, is strictly prohibited.

3. Warranties and Disclaimers

3.1 Software Provision

Call Fusion provides its AI-driven solutions "as is" and makes no representations or warranties of any kind, whether expressed or implied, regarding the operation of its services. Call Fusion disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.

3.2 Compliance Responsibility

The Client is solely responsible for ensuring that its use of Call Fusion's AI-driven solutions complies with all applicable laws and regulations.

4. Confidentiality and Intellectual Property

4.1 Protection of Sensitive Information

Both Call Fusion and the Client agree to protect the confidentiality of all sensitive information exchanged during the term of this Agreement. This confidentiality extends indefinitely beyond the conclusion of the Agreement unless otherwise agreed.

4.2 Ownership and Intellectual Property Rights

The Client retains ownership of all materials and data provided to Call Fusion. Call Fusion owns all developments made in the course of providing the AI-driven solutions, including underlying algorithms, software codes, and documentation.

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