Terms of service
Version 2026-10-28 · Last updated: October 28, 2026 · Version française
Important: what we're not responsible for
This is a short summary. The full terms below are what apply.
- Quickster AI is a convenience, not a guarantee. The AI can misunderstand callers, get details wrong, or miss messages, bookings and transfers. Check your call log and keep your own voicemail as a backup. (Sections 5, 6 and 7)
- We don't guarantee uptime. The service, our phone, AI and hosting providers, or the internet can go down, sometimes without warning. There is no service level agreement. (Section 8)
- We are not responsible for lost sales, lost profits, lost customers, missed calls, missed or wrong bookings, or other business losses, even if the service fails or makes a mistake. (Section 17)
- If we are ever responsible to you, the most we pay is what you paid us in the 3 months before the problem (or $100 CAD if that's more). (Section 17)
- It's not an emergency service. It can't call 911 and isn't for medical, legal, safety or crisis calls. In an emergency, callers must hang up and dial 911 themselves. Emergency flags and transfers are best-effort extras only. (Section 9)
- You're responsible for your own legal compliance, like call-recording notices, privacy laws and anti-spam (CASL) rules, and for the information you give the AI. (Sections 5 and 10)
- Business customers only. The service isn't sold to consumers for personal use. (Section 1)
- Plans renew every month until you cancel. No refunds for partial months. (Section 12)
- Tell us about a problem within 30 days, and bring any legal claim within 1 year, where the law allows. (Section 19)
These terms of service (the "Terms") are an agreement between Quickster AI, Winnipeg, Manitoba, Canada ("Quickster AI", "we", "us") TODO: legal business name, registration and mailing address, and the business or organization that signs up for or uses the Service (the "Customer", "you"). Our Privacy Policy and Acceptable Use Policy are part of these Terms.
1. Who can use the service, and how you agree
1.1 The Service is for businesses only. It is not offered to consumers for personal, family or household use. You confirm that you are signing up for a business, non-profit or other organization, for business purposes.
1.2 Authority. If you agree for a business, you confirm that you have authority to bind it. You must be at least the age of majority in your province or territory.
1.3 How you agree. You accept these Terms by checking the box at sign-up ("I agree"), by checking the "I agree" box in your Quickster dashboard (your call log, dashboard, reports and exports don't open until you do), by starting a free trial, by forwarding calls to a Quickster number, or by otherwise using the Service. Each time we publish a new version of these Terms, you must accept that version in the dashboard before you can keep using it. We keep a permanent record of each acceptance: the version you agreed to, the date and time, and the IP address and browser used (see our Privacy Policy, sections A1 and A3).
2. Definitions
- "Service" means the Quickster AI phone receptionist service, including the AI voice receptionist, the Quickster phone number, call forwarding support, message taking, text and email summaries, call log, dashboards, reports, voicemail fallback, and related websites, software and support.
- "Caller" means anyone who calls a Quickster number or whose call is forwarded to the Service.
- "Customer Data" means information you or your Callers give the Service, or that the Service creates for your account, such as call recordings, transcripts, summaries, caller phone numbers and names, messages, bookings, stock lists, store information and reports.
- "Business Content" means the information you give us to set up the Service, such as your business name, hours, prices, services, stock lists, FAQs, greetings, department and transfer numbers, calendar connections and instructions for the AI.
- "Billed Call" is defined in section 11.3. "Third-Party Providers" is defined in section 15.
- "Including" means "including without limitation".
3. The Service
3.1 What it does. The Service uses artificial intelligence ("AI") to answer calls forwarded to or placed to your Quickster number. Depending on your plan, it can greet callers, answer questions using your Business Content, take messages, book, move or cancel appointments, transfer calls, answer store, stock and order-status questions, decline spam calls, and send you summaries by text message (and optionally email).
3.2 Your Quickster number. Each business gets its own Quickster number, provided through our telephone provider. It is licensed to you only while your account is active. You do not own the Quickster number, and we don't guarantee that you can port (transfer) it away. When your account ends, we may reassign it. TODO: lawyer to confirm number ownership and porting
3.3 Call forwarding is your responsibility. You set up and maintain call forwarding with your own phone carrier, and you pay any charges your carrier bills. Some carriers require you to turn off carrier voicemail for forwarding to work. We aren't responsible for your carrier's settings, charges, outages or changes. You confirm that you have the right to forward the phone numbers you send to us.
3.4 AI and recording disclosure. Every call starts by telling the Caller that they are speaking with an AI assistant and that the call is recorded so their message can be passed on. (How calls are actually captured is described in section 10.1.) You may customize greetings, but you may not remove or hide this disclosure.
3.5 Caller silence. If a Caller says nothing for a set time (10 seconds by default; this limit is configurable, and we may adjust it for your business), the Service says a short goodbye and ends the call. This stops dead air and robocalls from using up your calls. A call ended this way still counts as a Billed Call unless it's identified as spam.
3.6 Maximum call length and voicemail length. To protect you from runaway costs, calls end automatically after a maximum length (15 minutes by default; this limit is configurable, and we may change it), and the Caller may be sent to voicemail. A voicemail message can be up to 120 seconds (2 minutes) long; anything longer is cut off.
3.7 Spam. The Service tries to identify and politely decline spam, robocalls and telemarketing. Spam calls are logged but not counted as Billed Calls. Spam detection is automated and imperfect: some real Callers may be wrongly declined, and some spam may get through. We aren't liable for either.
3.8 Voicemail fallback. If the AI fails or is unavailable during a call, the Service tries to send the Caller to the backup voicemail number you give us. A backup voicemail number is optional: if you don't give one, or if the number doesn't answer, fails or would forward back to the Service, the Service uses our built-in voicemail instead. This is a best-effort safeguard only and doesn't guarantee that every message is recorded or delivered. If you give us a backup voicemail number, it must work and must not forward back to the Service.
4. Accounts
4.1 You must give us accurate, complete and current account, billing and contact information, and keep it up to date.
4.2 You're responsible for keeping your passwords, links and access tokens for the call log, dashboard and reports secure, and for all activity under your account. Tell us right away at hello@quicksterai.ca if you suspect unauthorized access.
5. The AI can make mistakes
5.1 AI isn't perfect. The Service uses AI, speech recognition and speech synthesis. It can misunderstand Callers, mishear names, numbers, addresses or details, give incorrect, incomplete or inappropriate answers, mistranslate between English and French, or fail to follow instructions. We don't guarantee that the AI will understand every Caller, or that any message, summary, transcript, booking, transfer, answer or text will be accurate, complete or delivered. You use AI output at your own risk.
5.2 You're responsible for what the Service tells your Callers. The Service answers using your Business Content and settings. You are solely responsible for:
- (a) the accuracy, completeness and currency of your Business Content, including prices, stock levels, product availability, aisle locations, store and holiday hours, addresses, policies, services, appointment availability and order status;
- (b) honouring, correcting or declining any booking, quote, price, stock answer, promise or statement the Service gives on your behalf; and
- (c) checking your messages, call log and bookings regularly and following up with Callers yourself, especially when it matters.
5.3 Bookings. Bookings depend on your calendar connection and settings. You must check that bookings are correct and deal with double, missed or mistaken bookings.
5.4 Not your agent for contracts. Unless we agree otherwise in writing, the Service isn't authorized to make binding contracts, take payment or make legal commitments for you, and you should set it up that way. As between you and us, anything the Service tells a Caller is treated as a statement by you, and you are responsible for it toward the Caller.
5.5 Human review. Don't rely on the Service for any decision that has legal or similarly significant effects on a Caller without a person reviewing it.
5.6 We are not responsible for any lost business, sale, customer or opportunity caused by an AI mistake.
6. A convenience: keep your own backup
The Service is a convenience to help you answer more calls. It is not a replacement for your own phone system, voicemail or staff. You agree to:
- keep a working voicemail or another fallback on your own phone line, so calls still go somewhere if Quickster AI or call forwarding stops working;
- check that call forwarding works after you set it up and after any change with your phone carrier;
- check your call log regularly, and keep other ways for customers to reach you;
- download your call log (CSV) if you want to keep records longer than 30 days; and
- not depend on the Service alone for calls where a miss could cause you serious loss.
7. No guarantee every call or message is captured
We don't guarantee that: (a) every call will be answered, forwarded, transferred, recorded or transcribed; (b) every message, voicemail, booking, summary, text or email will be captured, accurate or delivered; (c) spam will be correctly identified; (d) call forwarding, transfers or the voicemail fallback will work; or (e) the AI's answers will be correct. Calls can fail because of carrier, network, provider, configuration, power or internet problems, and for other reasons outside our control.
8. No uptime guarantee
We work to keep the Service running, but we don't promise any level of availability, response time or uptime. There is no service level agreement (SLA), and no service credits. The Service may be slow, interrupted or unavailable because of maintenance, updates, bugs, outages at our Third-Party Providers, internet or carrier problems, call-forwarding problems or heavy demand. When we can, we'll give notice of planned maintenance.
9. NOT FOR EMERGENCIES: NO 911, NO PROFESSIONAL ADVICE
9.1 QUICKSTER AI IS NOT AN EMERGENCY SERVICE. The Service does not and cannot contact 911 or any emergency service, doesn't give anyone's location to emergency responders, and isn't monitored by a person in real time. The Service does not play a "dial 911" message to Callers; in an emergency, Callers must hang up and dial 911 themselves. You must not use or advertise the Service as a way for anyone to reach help in an emergency. It is not for medical, legal, safety, crisis or other urgent situations. If your business may get emergency or urgent calls (for example, a no-heat call in winter, a burst pipe, health, safety or security), you must make sure Callers know to hang up and dial 911 themselves in an emergency (for example, on your website, signage and other customer communications), and you must keep your own arrangements for urgent calls. We are not liable for any injury, death, property damage or other harm arising from any emergency or urgent call handled, missed, delayed or transferred by the Service.
9.2 Emergency features are best-effort extras only. As a convenience, and without changing section 9.1: (a) the AI is instructed to flag calls that sound like emergencies as urgent in your call summary; and (b) on plans with live transfer (Pro and up), if you turn on transfers for emergencies, the Service may try to transfer an emergency call to the number you choose, subject to your transfer settings (such as do-not-disturb hours). The AI may not recognize an emergency, and flags and transfers can fail or be delayed. None of these features makes the Service an emergency service, and we are not liable if they fail.
9.3 No professional advice. The Service doesn't give medical, health, legal, tax, financial, investment, insurance or other professional advice, and nothing it says should be treated as such. If you're in a regulated profession, you're responsible for making sure your use of the Service follows your professional duties, including confidentiality and record-keeping rules.
10. Your legal responsibilities
You're responsible for making sure your business's use of the Service is legal. This includes:
10.1 Call recording, transcription and AI notice. Calls handled by the AI are transcribed (turned into text by speech recognition) and kept as written transcripts and summaries; they are not audio-recorded. Only voicemail messages are audio-recorded (and also transcribed). We may change how calls are captured (for example, to add audio recording) under section 21.2, and we'll update these Terms and our Privacy Policy before we do. Even though the Service gives an AI and recording notice at the start of each call, you are solely responsible for making sure that recording, transcribing, storing and using calls complies with every law that applies to you and your Callers, wherever they are, including the Personal Information Protection and Electronic Documents Act (PIPEDA); Quebec's private-sector privacy law as amended by Law 25; other provincial private-sector and health privacy laws (such as Manitoba's The Personal Health Information Act); the Criminal Code rules on intercepting communications; and the laws of other places where your Callers are, including U.S. states that require all parties to consent to recording. This includes giving any extra notice your industry or province requires, having a valid purpose, getting any required consent, posting your own privacy policy, naming a person responsible for privacy where required, and handling Caller requests. If you change greetings, you remain responsible for any legally required wording.
10.2 Texts and anti-spam (CASL). The Service can send texts to Callers (for example, booking confirmations, reminders and "we got your message" texts). You are responsible for making sure every text sent for your business complies with Canada's Anti-Spam Legislation (CASL), CRTC rules, carrier messaging rules and any foreign laws that apply (such as the U.S. TCPA), including consent where required, identifying your business, and honouring unsubscribe requests. Texts from the Service to Callers include "Reply STOP to opt out", and our telephone provider blocks further texts to numbers that reply STOP. This STOP opt-out applies only to texts sent to Callers. Texts the Service sends to you, your staff or your department contacts (such as call summaries, usage warnings and transfer alerts) are part of the Service, don't include the STOP line, and go to the numbers you choose in your settings. If someone on your side replies STOP to a Quickster number, our telephone provider may block further texts to that phone, including your summaries, until it replies START. You must not disable or get around Callers' opt-outs.
10.3 No telemarketing or illegal use. You must not use the Service for any unlawful purpose, for telemarketing, robocalls or outbound marketing, in breach of the CRTC Unsolicited Telecommunications Rules or the National Do Not Call List rules, or in any way that breaks our Acceptable Use Policy.
10.4 Your own privacy policy. You must have, and make available to your Callers, a privacy policy that accurately describes how you collect, use and share personal information through the Service, including the use of AI, recording, service providers and storage outside Canada.
10.5 Sensitive information. You must not set up the Service to ask for, and you should take reasonable steps to discourage Callers from giving, payment card numbers, banking information, Social Insurance Numbers, health card numbers, passwords or detailed health information, unless we've agreed in writing that your plan supports it.
10.6 Numbers you give us. You're responsible for the owner, transfer, department and backup voicemail numbers you give us, and for having the right to forward calls and texts to them.
10.7 Your dealings with Callers. Your products, services, prices, bookings and promises to your Callers are between you and them.
11. Plans, prices and how calls are counted
11.1 Plans. All prices are monthly, in Canadian dollars, before taxes:
| Plan | Monthly price | Included calls | Each extra Billed Call |
|---|---|---|---|
| Free trial | $0 | 25 calls or 14 days, whichever comes first | Not available |
| Starter | $49 | 50 per calendar month | $1.00 |
| Pro | $99 | 115 per calendar month | $0.75 |
| Business | $385 | 500 per calendar month | $0.75 |
| Platinum | $1,999 | 90 per day (about 2,790 per month) | $0.75 per Billed Call over 90 in that day (every call is still answered) |
Features vary by plan, as described on our website at the time you subscribe. If our website and these Terms conflict on price or features, the plan description on our website (or your order form) at the time of purchase controls.
11.2 Usage periods. Monthly allowances reset at the start of each calendar month, and Platinum daily allowances reset at midnight, both in your business's own local time zone (the time zone set for your account, or Winnipeg time if none is set). Unused calls don't roll over and have no cash value.
11.3 How calls are counted. A "Billed Call" counts as 1 call for each started 5 minutes of call time (a 4-minute call counts as 1, a 7-minute call as 2, a 12-minute call as 3). Call time runs from when the Service answers until the call ends, and includes time spent on a transfer (ringing and talking after the call is transferred) and time spent leaving a voicemail. This includes calls ended by the silence hang-up, calls that go to voicemail, and transferred calls. Spam calls aren't counted. Calls during a free trial count only toward the trial (section 11.5). Our records of Billed Calls (kept as daily totals) are final unless you dispute them under section 12.7.
11.4 Going over. Going over your allowance doesn't stop the Service from answering calls: on every plan, including Platinum's daily allowance, every call is still answered, and there is no hard cap. Extra Billed Calls are charged at the rates above (on Platinum, $0.75 CAD for each Billed Call over 90 in that day). We may warn you at about 90% of your allowance, but these warnings are a courtesy, and a missed warning doesn't change what you owe.
11.5 Free trial. Each business can try the Service once, until 25 Billed Calls are used or 14 days pass, whichever comes first. We don't need payment details to start it. Calls used during the trial don't count toward your first paid month (or, on Platinum, your first paid day): your paid allowance starts fresh when your paid plan starts, and trial calls are never charged. The trial does not turn into a paid plan automatically. When it ends, the AI is switched off and calls go to voicemail only until you choose a paid plan, and we may then close the trial account. We may refuse, limit or end trials, for example if we see abuse or more than one trial for the same business. The trial is free and provided "as is", and sections 16 and 17 apply in full.
12. Billing, renewal and cancellation
12.1 Auto-renewal. Your paid plan starts when you choose it and renews automatically each month at the then-current price until you or we cancel it.
12.2 Billing. Plan fees are billed monthly in advance. Extra Billed Calls (overage) are added up and billed monthly after the period ends, with your next charge (for Platinum, the total of each day's overage). You authorize us and our payment processor to charge your payment method on file for all fees and taxes when due, and you must keep a valid payment method on file. TODO: payment processor and billing cycle
12.3 Taxes. Prices don't include taxes. You'll pay all applicable taxes, including GST, PST (including Manitoba RST), HST and QST, added to your invoice. TODO: confirm GST/PST registration with an accountant
12.4 Third-party charges. You pay your own phone carrier's charges (including forwarding, long-distance and airtime), your internet provider, and any third-party services you connect.
12.5 Cancelling. You may cancel any time by emailing hello@quicksterai.ca TODO: or in account settings. Cancellation takes effect at the end of your current monthly period. The Service keeps working until then, and overage in that period is still billed.
12.6 No refunds. Fees are non-refundable. We don't give refunds or credits for partial months, unused calls or downgrades, except where the law requires it or where we end the Service for convenience under section 20.3.
12.7 Billing disputes. Tell us in writing at hello@quicksterai.ca about any billing dispute within 30 days of the invoice date, or the invoice is considered accepted. Undisputed amounts must still be paid on time.
12.8 Late or failed payment. If a payment fails or is late, we may retry the charge and let you know. If it isn't fixed within 7 days of our notice, we may suspend the Service (for example, turning off the AI so calls go to voicemail only, or stopping service on your Quickster number) until everything overdue is paid. We may charge interest on overdue amounts at 1.5% per month (19.56% per year), or the highest rate the law allows if lower, plus reasonable collection costs. Fees keep accruing during a suspension. TODO: confirm interest rate
12.9 Plan changes. Downgrades take effect at the start of the next monthly period. TODO: whether upgrades are immediate and prorated
13. Your data and privacy
13.1 Your data is yours. As between you and us, you own your Customer Data and Business Content. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display it only as needed to provide, secure, support and improve the Service, to comply with law, and as our Privacy Policy describes.
13.2 We are your service provider. For personal information about your Callers, you are the organization in control of it, and we process it on your behalf as your service provider, following your instructions (your settings and these Terms). We don't sell Customer Data or use Callers' personal information for our own marketing.
13.3 AI training. We won't use your Customer Data to train our own or third-party general-purpose AI models without your consent. We may use de-identified, combined statistics (for example, total call counts or error rates) to run and improve the Service. TODO: confirm each AI provider's API terms on training and data retention
13.4 Retention. Call records in the Quickster AI app (call log entries, caller numbers and names, reasons, summaries, transcripts, messages, event logs and lost-sales entries) are automatically deleted about 30 days after the call. For billing, we keep daily totals only (number of calls, billing units and overage), with no caller details, for about 13 months, and invoices and payment records as the law requires. Some copies are outside our automatic deletion and are deleted on their own schedules, including voicemail recordings and call records held by our telephone provider (Twilio), texts already delivered to your phone, emails already sent to you, and backups or logs kept by Third-Party Providers. TODO: set Twilio recording and log retention to 30 days before launch You are responsible for any copies you download or export (such as CSV exports) and for keeping any records the law requires you to keep, because we won't keep them for you after the retention period.
13.5 Security. We use reasonable safeguards suited to the sensitivity of the information, such as encrypted connections, checking that call webhooks come from our telephone provider, access passwords, and keeping keys out of source code. No system is perfectly secure, and we can't guarantee that Customer Data will never be accessed, disclosed, changed or lost.
13.6 Breach notice. If we learn of a breach of security safeguards involving Customer Data, we'll tell you without undue delay (we aim for within 72 hours of confirming it), share the information reasonably available to us, and reasonably help you meet your own legal duties, including any notice to the Office of the Privacy Commissioner of Canada, the Commission d'accès à l'information du Québec, other regulators or affected people. We keep a record of breaches as the law requires.
13.7 Where data is stored. Our Third-Party Providers may store and process Customer Data in Canada, the United States and other countries, where it may be accessible to courts, law enforcement and national security authorities. You're responsible for telling your Callers about this where required. TODO: lawyer to confirm Quebec Law 25 assessment for transfers outside Quebec
13.8 Requests and legal demands. We'll reasonably help you respond to Callers' requests to access, correct or delete their information while the Service still holds it, and we'll refer requests we receive directly to you where we can. We may disclose Customer Data if the law, a court order or a lawful government request requires it, and where allowed we'll try to tell you first.
13.9 Data loss. We aren't responsible for loss of data after the retention period, or for data lost because of an outage or error. Keep your own copies of anything important.
14. Acceptable use
You must follow our Acceptable Use Policy. In short, you must not use the Service for anything illegal, fraudulent or deceptive; to send spam or make robocalls, autodialed or telemarketing calls; to harass, threaten or discriminate against anyone; to hide the AI disclosure or pretend the AI is a person; to collect sensitive information without our written agreement; or to break, overload, copy, resell or reverse engineer the Service. We may suspend or end the Service right away if we believe it's being used this way.
15. Third-party providers
15.1 The Service relies on other companies ("Third-Party Providers"), including Twilio (phone numbers, calling, voicemail recording and texts); speech recognition providers that turn Callers' speech into text (such as Deepgram or Google, through Twilio); AI model providers such as xAI (Grok), or OpenAI as an optional alternative; speech providers for the AI's voice (such as ElevenLabs, Google or Amazon, through Twilio); Cloudflare (hosting, computing and data storage); Google (Google Calendar, on plans with booking); Resend (email delivery, such as emailed call summaries); on Platinum, a point-of-sale (POS) bridge that connects to your store's own POS system for stock and order look-ups (your POS vendor is your provider, not ours); and payment and other providers we may use. Some are in the United States.
15.2 We don't control Third-Party Providers and aren't responsible for their outages, errors, delays, changes, pricing, security incidents or discontinuation. We may change providers at any time. If a provider changes or stops a service we rely on, we may need to change or remove a feature.
15.3 Your use of connected services (such as your Google account or phone carrier) is also governed by their own terms. By connecting one, you authorize us to use it as needed to provide the Service, and you can disconnect it at any time.
16. Disclaimer of warranties
TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. We make no warranties, representations or conditions of any kind, express, implied or statutory, including any implied warranty or condition of merchantable quality, fitness for a particular purpose, title, non-infringement or accuracy, or that the Service will meet your needs or be uninterrupted, timely, secure or error-free, or that every error will be fixed. Nothing anyone tells you, in writing or out loud, creates a warranty unless it's in these Terms.
17. Limitation of liability
Please read this section carefully. It limits what you can recover from us.
17.1 NO INDIRECT OR BUSINESS LOSSES. TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY (AND, FOR US, OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS) IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING, HOWEVER CAUSED:
- lost sales, lost revenue, lost profits or lost savings;
- lost customers, lost business opportunities, or harm to reputation or goodwill;
- missed, dropped, unanswered or misrouted calls; missed or wrong messages; and missed, double or wrong bookings or transfers;
- business interruption, or the cost of replacement services or staff;
- lost or damaged data; or
- anything a Caller does or decides based on what the AI said.
17.2 CAP. TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT THAT LED TO THE CLAIM, OR $100 CAD, WHICHEVER IS MORE. During a free trial, that means $100 CAD.
17.3 Every kind of claim. These limits apply to every kind of claim, whether in contract, tort (including negligence), under a statute or otherwise, even if a party was told the loss was possible, and even if a limited remedy fails of its essential purpose.
17.4 Exceptions. Sections 17.1 and 17.2 don't apply to: (a) your duty to pay fees; (b) your indemnity in section 18; (c) your breach of section 9, section 10 or the Acceptable Use Policy; (d) a party's fraud or wilful misconduct; or (e) any liability that the law doesn't allow to be limited or excluded (for example, under the Civil Code of Québec, liability for intentional or gross fault).
17.5 Why. These limits are a fundamental part of our agreement and are reflected in our low prices. Without them, the Service would cost much more.
18. Your indemnity
You will defend, indemnify and hold harmless Quickster AI and its owners, officers, employees, contractors and suppliers against any claims, demands, fines, penalties, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your Business Content or anything the Service told Callers based on it (including prices, stock, bookings and hours); (b) your use of the Service, or use under your account; (c) your breach of these Terms or the Acceptable Use Policy; (d) your failure to follow any law, including privacy, call-recording, CASL, telemarketing and consumer protection laws; (e) any claim by a Caller, customer, employee, regulator or other third party about your calls, texts, bookings, products or services; or (f) any emergency or urgent call to your business. We'll tell you promptly about a claim, let you control the defence, and reasonably cooperate at your expense, but you may not settle a claim in a way that admits fault for us or puts obligations on us without our written consent.
19. Time limits for claims
19.1 Tell us fast. If something goes wrong, tell us in writing within 30 days of when you noticed it, or should have noticed it, so we can investigate while the records still exist. Call records are deleted after about 30 days.
19.2 One year to sue. Any legal claim arising out of or relating to the Service or these Terms must be started within 1 year after it arose. If the law that applies doesn't allow this period to be shortened, the shortest period that law allows applies instead.
20. Suspension and termination
20.1 By you. You may cancel any time under section 12.5.
20.2 Suspension. We may suspend or limit the Service, in whole or in part, immediately and without liability if: (a) we reasonably believe your use breaks these Terms, the Acceptable Use Policy or the law; (b) your use poses a security risk or could harm us, our providers, Callers or others; (c) a Third-Party Provider requires it; (d) you don't pay (section 12.8); or (e) emergency maintenance is needed. We'll try to give notice where reasonable and will restore the Service once the issue is fixed.
20.3 By us. We may end your account by notice if you materially breach these Terms (including non-payment) and, if the breach can be fixed, you don't fix it within 10 days of our notice; or immediately, without a cure period, for illegal use, telemarketing, spam, abuse or a security threat. We may also stop providing the Service for any reason with at least 30 days' notice, and in that case we'll refund any prepaid fees for the time after it ends.
20.4 What happens at the end. When your account ends: (a) your right to use the Service and the Quickster number stops; (b) you must remove call forwarding to the Quickster number right away (calls forwarded after that may not be answered); (c) unpaid fees become due; and (d) Customer Data is deleted under section 13.4, so export anything you want first. Sections that by their nature should continue (including sections 5 to 10, 13, 16 to 19, 21 and 22) continue after the account ends.
21. Changes to the Service, prices and these Terms
21.1 Prices. We'll give you at least 30 days' notice by email or in your account before a price change. The new price applies from your first monthly period that starts after the notice period. If you don't agree, you may cancel before it takes effect.
21.2 Service. We may add, change or remove features, change the AI models, voices or providers we use, or change call settings (such as the silence timeout or maximum call length), as long as we don't materially reduce the core features of your paid plan during your current monthly period without notice.
21.3 These Terms. We may update these Terms. For material changes, we'll give you at least 30 days' notice by email or in your account, and post the new version with a new date. If you don't agree, you may cancel before the change takes effect. If you keep using the Service after that, you accept the new Terms. Small changes that don't reduce your rights (such as fixing typos) may take effect when posted.
22. General
22.1 Governing law. These Terms are governed by the laws of Manitoba and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods doesn't apply.
22.2 Disputes and courts. Before starting a legal claim, please email us first, and we'll both try in good faith to resolve it within 30 days. Any dispute must be brought only in the courts of Manitoba sitting in Winnipeg, and both parties accept their exclusive jurisdiction, except that either party may seek urgent injunctive relief in any court with jurisdiction. Either party may use small claims court if the claim qualifies. To the extent the law allows, claims must be brought individually, not as part of a class action.
22.3 Force majeure. Neither party is liable for delays or failures (other than paying amounts owed) caused by events beyond its reasonable control, including outages or failures of phone carriers, internet, power, cloud or AI providers, cyberattacks, natural disasters, severe weather, pandemics, labour disputes, war, government action or changes in law.
22.4 Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them, with notice, to an affiliate or successor, for example if we incorporate, merge, reorganize or sell all or part of the business.
22.5 Entire agreement. These Terms, the Privacy Policy, the Acceptable Use Policy and any order form are the whole agreement between us about the Service, and replace all earlier discussions, proposals and agreements. If they conflict, a signed order form controls, then these Terms, then the policies. Purchase orders or other terms you send us don't apply.
22.6 Independent parties. We're independent businesses. These Terms don't create a partnership, joint venture, employment or agency relationship (except that we handle Caller information for you as your service provider).
22.7 Severability. If a court finds any part of these Terms unenforceable, that part is enforced to the fullest extent allowed, and the rest stays in effect.
22.8 No waiver. Not enforcing a right right away isn't a waiver of it.
22.9 Notices. We send notices to the email address on your account or post them in your account, so keep your email up to date. Send notices to us at hello@quicksterai.ca and, for legal notices, also by mail to our address. Email notices are considered received one business day after they're sent. TODO: mailing address
22.10 Language. These Terms are available in French and English. Customers in Quebec are offered the French version first. If you choose to agree to the English version, the parties have expressly required that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais. TODO: lawyer to review the language clause for Quebec (Charter of the French Language, Bill 96)
22.11 Headings are for convenience only.
23. Contact
Quickster AI, Winnipeg, Manitoba, Canada · hello@quicksterai.ca · quicksterai.ca TODO: legal business name and mailing address