Terms of Use

These Terms of Use (the “Terms”) form a binding agreement between you and Experivise Technologies Inc. (“Experivise,” “we,” or “us”) governing your access to and use of the Experivise platform, our marketing website, our APIs, and any other services we make available (together, the “Services”).

By creating an account, clicking “I agree,” or accessing the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a firm or entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

To use the Services, you or your firm must create an Experivise account. You are responsible for:

• Keeping your credentials confidential and using reasonable safeguards (including multi-factor authentication where available).
• All activity that occurs under your account, whether or not authorized by you.
• Notifying us promptly at security@experivise.com of any suspected unauthorized access.

We may suspend or terminate accounts that show signs of compromise or that violate these Terms.

You retain all rights to the data, records, documents, and other content that you, your team, or your clients submit to the Services (“Customer Data”). We claim no ownership over Customer Data.

You grant Experivise a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Services, including backup, indexing, and delivery to other users permitted by your firm’s configuration.

You represent that you have the rights necessary to submit Customer Data and that its processing via the Services will not violate any law, contract, or third-party right.

You agree not to:

• Reverse-engineer, decompile, or attempt to derive source code from the Services, except where applicable law expressly permits it.
• Use the Services to transmit malware, conduct security testing without written authorization, or circumvent authentication.
• Resell, sublicense, or white-label the Services without a separate written agreement with Experivise.
• Use the Services to violate applicable securities, privacy, or consumer-protection laws.

The Services are sold on a subscription basis. Fees, billing cycles, seat counts, and plan inclusions are set out in your Order Form or online checkout. Unless noted otherwise:

• Fees are invoiced in advance and are non-refundable except as required by law or explicitly stated in your Order Form.
• Annual subscriptions auto-renew for successive one-year terms unless either party provides written notice of non-renewal at least 30 days before the renewal date.
• Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and withholdings (other than those on our net income).

The Services may integrate with third-party products (for example, Stripe, Nylas, Google Workspace, Microsoft 365). Your use of those products is governed by their own terms, and Experivise is not responsible for their behavior, uptime, or data practices.

When you connect a third-party product, you authorize Experivise to exchange data with it as required to deliver the feature you enabled.

Either party may terminate this agreement for material breach not cured within 30 days of written notice. We may suspend access immediately if your use creates a security, legal, or availability risk to other customers.

Upon termination, your access to the Services ends. On written request made within 30 days after termination, we will make a copy of your Customer Data available for export in a commercially reasonable format. After that period, we may delete Customer Data in the ordinary course of business, subject to retention required by law.

Disclaimer. The Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, Experivise disclaims all warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement.

Limitation of liability. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or exemplary damages. Our aggregate liability arising out of or relating to these Terms will not exceed the fees paid by you to Experivise during the twelve (12) months preceding the claim.

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 principles. The parties submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for any disputes not resolvable through good-faith negotiation.

We may update these Terms from time to time. If a change is material, we will notify you by email or through the Services at least 30 days before it takes effect. Continued use after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email legal@experivise.com or write to Experivise Technologies Inc., 325 Front Street West, Suite 400, Toronto, ON M5V 2Y1, Canada.