These Terms of Service ("Terms") are a binding agreement between you and Confirm-IT ("Confirm-IT", "we", "us", or "our") and govern your access to and use of the Confirm-IT appointment-confirmation platform, websites, and related services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.
If you do not agree to these Terms, do not use the Service. Our Privacy Policy is incorporated into these Terms by reference.
1. The Service
Confirm-IT provides a multi-tenant software platform that businesses use to send automated appointment reminders and confirmations to their clients by SMS text message, email, and AI-assisted voice calls, and to manage related scheduling, messaging, and reporting. We may add, change, or remove features over time. The Service is provided on a subscription and/or prepaid-credit basis as described at sign-up.
2. Accounts and Eligibility
- You must be at least the age of majority in your province or territory and able to form a binding contract.
- You must provide accurate registration information and keep it current.
- You are responsible for safeguarding your credentials and for all activity that occurs under your account, including activity by your staff and users you invite.
- Notify us promptly at support@confirm-it.co of any unauthorized use of your account.
3. Your Data and Your Responsibilities
You retain all rights to the data you and your users submit to the Service, including information about your clients ("Customer Data"). You grant Confirm-IT a limited license to host, process, and transmit Customer Data solely to provide and support the Service, as described in our Privacy Policy.
You are solely responsible for:
- The accuracy and lawfulness of all Customer Data you submit.
- Obtaining and maintaining all consents, permissions, and disclosures required to contact your clients by SMS, email, and voice, including under Canada's Anti-Spam Legislation (CASL), the U.S. Telephone Consumer Protection Act (TCPA) where applicable, and any other applicable telemarketing, privacy, and consumer-protection laws.
- Honouring opt-out and unsubscribe requests, and not contacting individuals who have withdrawn consent.
- Determining whether call recording or transcription is permitted in your jurisdiction and providing any required notice to call recipients.
4. Acceptable Use
You agree not to use the Service to:
- Send unsolicited, deceptive, or unlawful messages, or messages without the recipient's required consent.
- Transmit content that is illegal, fraudulent, harassing, defamatory, or that infringes another party's rights.
- Send messages in categories prohibited by carriers or our providers (e.g., certain high-risk financial, controlled-substance, or other restricted content), or otherwise violate Twilio's, ElevenLabs', SendGrid's, or Stripe's acceptable use policies.
- Distribute malware, attempt to gain unauthorized access to the Service or other accounts, or interfere with the integrity or performance of the Service.
- Reverse engineer, resell, or sublicense the Service except as expressly permitted.
- Exceed or circumvent usage limits, rate limits, or entitlement controls.
We may suspend or limit messaging that we reasonably believe violates these Terms, applicable law, or the rules of our telecommunications and carrier partners, in order to protect the Service and other customers.
5. Third-Party Services and Carriers
The Service relies on third-party providers including Twilio (SMS and voice), ElevenLabs and OpenAI (AI voice), SendGrid (email), and Stripe (payments), as well as mobile carriers. Your use of the Service is also subject to those providers' applicable terms and acceptable use policies. We do not control, and are not responsible for, message deliverability, carrier filtering, delays, or outages caused by these third parties or by the recipient's device or provider.
6. Plans, Fees, Credits, and Billing
- Subscriptions. Paid plans renew automatically for successive billing periods unless cancelled before the renewal date. You authorize us (through Stripe) to charge your payment method for applicable fees.
- Usage and credits. Some features are metered (e.g., SMS segments, voice seconds, AI voice seconds) and may be funded by a plan allowance or a prepaid credit balance. Usage is deducted as messages and calls are sent. You are responsible for charges incurred under your account.
- Trials. If a free trial is offered, it converts to a paid subscription unless cancelled before the trial ends, except where prohibited by law.
- Taxes. Fees are exclusive of taxes (such as GST/HST), which you are responsible for paying.
- Price changes. We may change fees on a prospective basis with reasonable notice, effective at your next renewal.
- Non-payment. We may suspend or terminate access for overdue amounts.
- Refunds. Except where required by law, fees and prepaid credits are non-refundable.
7. Intellectual Property
The Service, including its software, design, and content (excluding Customer Data), is owned by Confirm-IT and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, solely for your internal business purposes and subject to these Terms. All rights not expressly granted are reserved. If you provide feedback or suggestions, we may use them without restriction or obligation to you.
8. Confidentiality
Each party may receive non-public information from the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to perform under these Terms, except where disclosure is required by law.
9. Suspension and Termination
- You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.
- We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that creates legal or security risk.
- Upon termination, your right to use the Service ends. We will make Customer Data available for export for a limited period (typically 30 days) where reasonably practicable, after which we may delete it in accordance with our retention practices.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MESSAGES OR CALLS WILL BE DELIVERED. AI-GENERATED VOICE AND TEXT OUTPUT MAY CONTAIN ERRORS; YOU ARE RESPONSIBLE FOR REVIEWING OUTCOMES THAT MATTER TO YOUR BUSINESS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONFIRM-IT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless Confirm-IT and its officers, directors, employees, and suppliers from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party — including claims that your messages or calls were sent without required consent.
13. Governing Law and Disputes
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-laws rules. You agree to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. Changes to These Terms
We may update these Terms from time to time. When changes are material, we will update the "Effective date" above and provide reasonable notice. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
15. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Confirm-IT regarding the Service and supersede prior agreements.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
16. Contact Us
Questions about these Terms? Contact us at support@confirm-it.co. Confirm-IT is operated by Confirm It Technologies Inc., RR2, Pefferlaw, Ontario, Canada.