1. Introduction

These Terms and Conditions (“Terms”) govern your use of the services provided by The Foundation Digital Marketing Agency Inc. (“The Foundation,” “we,” “us,” or “our”). By using our services, including our CRM software platform, you agree to be bound by these Terms.

2. Services

2.1 CRM Software Subscription

Our CRM software is a subscription-based client relationship platform designed to help business owners manage client communications, lead capture, email/SMS marketing, appointment booking, payment collection, social media scheduling, and Google review generation. The system is highly automated and designed to be ready to use with minimal configuration.

2.2 AI Receptionist Service

Our AI Receptionist is a conversational artificial intelligence service designed to automate initial customer interactions, including but not limited to answering frequently asked questions, qualifying leads, scheduling appointments, and directing inquiries to the appropriate human resource or department. The service operates 24/7 based on the configuration and business hours you set, using a voice and/or text-based interface to interact with your clients.

2.2.1 Service Acknowledgment

You acknowledge and agree that the AI Receptionist is an automated system and not a human agent. While it is designed to be highly effective, it may not perfectly interpret or respond to every unique or complex human request. You are responsible for configuring the AI's knowledge base, call flows, and settings to accurately reflect your business's services, hours, and policies.

2.2.2 Call Monitoring and Recording

To maintain and improve service quality, we may monitor and record interactions between the AI Receptionist and your clients. You are responsible for ensuring your use of the service complies with all applicable laws regarding call recording and for informing your clients that their conversations may be monitored or recorded, typically through an introductory message.

2.2.3 Data Reliance and Integration

The AI Receptionist's ability to perform its functions (e.g., scheduling, answering questions) is dependent on the accuracy and availability of the data you provide or to which it is integrated (such as your calendar or CRM). We are not liable for errors or failures resulting from incorrect, outdated, or inaccessible data from integrated third-party systems.

2.2.4 Prohibited Use

You agree not to use the AI Receptionist for any unlawful, fraudulent, or abusive purpose. This includes, but is not limited to, transmitting defamatory, obscene, or harassing communications, or using the service to mislead or deceive the public.

3. Subscription and Payment
3.1 Billing

Subscription fees shall be billed monthly or annually as displayed in the Plans page, or as otherwise agreed-upon in the Service Agreement. Payments are processed through Stripe, a secure third-party processor. Billing details are handled in accordance with Stripe’s privacy and security protocols.

3.2 Setup Fees

A custom setup fee will apply. Its amount will depend on the complexity of onboarding and will be agreed upon in writing prior to implementation.

3.3 No Refund Policy

All subscription fees are final. We do not offer refunds under any circumstances.

3.4 Cancellation

You may cancel your subscription at any time by emailing [email protected]. Your account will remain active until the end of the current billing cycle. Some agreements may include a fixed minimum commitment (e.g., 3-month lock-in) which remains binding.

3.5 Late Payment

Failure to make payment may result in immediate suspension of services at our discretion. During suspension, your access to the CRM and its data will be restricted.

4. Ownership and Intellectual Property
4.1 CRM Software

All intellectual property related to the CRM, including design, source code, features, branding, and user interface, remains the exclusive property of The Foundation. As a subscriber, you are granted a limited, non-exclusive, non-transferable license to use the software during the active subscription period.

5. Privacy and Data Protection

We collect and manage personal information in accordance with our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). We do not store payment data; billing is managed securely via Stripe. The Foundation is not liable for data handled by third-party providers.

6. Data Access and Portability

Prior to cancellation, clients may export the following from their CRM account:

-Contact lists

-Lead lists

-Calendar bookings

Please note that access to features such as hosted websites, email domains, and VoIP numbers will be revoked upon cancellation.

7. Support
Support is available during regular business hours: Monday to Friday, 8:00 AM – 4:00 PM (EST)

Support inquiries should be sent to [email protected]

8. Account Security and Responsibilities

Clients are responsible for maintaining the confidentiality of their account login credentials. You agree not to share your access credentials with unauthorized users or use the CRM platform for unlawful purposes, including but not limited to the transmission of spam, unauthorized marketing, or harmful content. You are fully responsible for all actions taken through your account, whether authorized by you or not.

9. Third-Party Services and Integrations

Our CRM platform may integrate with third-party services and platforms including, but not limited to, Google, Facebook, Twilio, and Stripe. Your use of any third-party service is governed by their respective terms of use and privacy policies. The Foundation is not responsible for any issues, damages, or data losses arising from your use of such third-party services.

10. Suspension and Termination by The Foundation

We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, if we determine that you have breached these Terms, violated applicable laws, or posed a threat to the integrity, functionality, or reputation of the platform or its users.

11. Force Majeure

The Foundation shall not be held liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, pandemics, power outages, internet failures, labor disputes, government actions, or natural disasters.

12. Survival of Terms

Any provisions of these Terms which by their nature should survive termination shall remain in effect, including but not limited to provisions relating to intellectual property, limitations of liability, governing law, and indemnification.

13. Entire Agreement and Severability

These Terms, together with the Privacy Policy and your Service Agreement, constitute the entire agreement between you and The Foundation. If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain valid and enforceable to the fullest extent permitted.

14. Modifications to Terms

We may update or revise these Terms at any time. Existing subscribers will be provided with 60 (sixty) days’ written notice of any material changes. Continued use of the services after that period will constitute your acceptance of the updated Terms.

15. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. Any disputes shall be resolved exclusively in the courts of Ontario.

16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:

[email protected]

The Foundation Digital Marketing Agency Inc.