1. Acceptance of Terms
By accessing or using the Brothers Digital platform, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Brothers Digital.
2. Description of Service
Brothers Digital provides an AI-powered intake and lead qualification platform designed for Canadian immigration firms. The Service includes tools for client intake, lead scoring, CRS (Comprehensive Ranking System) assessment, and related features intended to streamline immigration practice workflows. The Service is offered as a software-as-a-service (SaaS) solution accessible via web browser.
3. User Accounts
Registration
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate.
Responsibility for Credentials
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are solely responsible for all activities that occur under your account. You must notify Brothers Digital immediately of any unauthorized use of your account.
Account Termination
Brothers Digital reserves the right to suspend or terminate your account at any time for violation of these Terms, for any other reason at our discretion, or upon your request. Upon termination, your right to use the Service ceases immediately.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Misrepresent your identity, affiliation, or credentials when using the Service
- Access or attempt to access any part of the Service, systems, or networks without authorization
- Use automated means (including bots, scrapers, or crawlers) to collect data from the Service without our prior written consent
- Interfere with or disrupt the integrity or performance of the Service
- Transmit any malware, viruses, or other harmful code
- Use the Service in any manner that violates applicable laws, including Canadian federal and provincial legislation
- Use the Service in any manner that violates the regulations of the College of Immigration and Citizenship Consultants (CICC) or other applicable professional regulatory bodies
You are responsible for ensuring that your use of the Service complies with all applicable laws and professional obligations governing immigration consulting in Canada.
5. Intellectual Property
All content, software, designs, text, graphics, logos, icons, images, audio clips, and other materials on or comprising the Service are the exclusive property of Brothers Digital or its licensors. The Brothers Digital name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Brothers Digital.
You may not copy, modify, distribute, sell, or create derivative works based on the Service or any of its content without our prior written consent. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes in accordance with these Terms.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. We collect, use, and disclose personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). By using the Service, you consent to our collection and use of your information as described in our Privacy Policy.
We handle personal information with care and in compliance with PIPEDA principles. For details on how we use cookies and similar technologies, please see our Cookie Policy.
7. Payment Terms
The Service is offered on a subscription-based pricing model. By subscribing, you agree to the following:
- Billing Cycles: Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase.
- No Refunds for Partial Periods: We do not provide refunds or credits for partial subscription periods, including partial months, if you cancel or downgrade your subscription.
- Price Changes: We may change our pricing from time to time. We will provide at least thirty (30) days' notice before any price change takes effect. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
- Taxes: All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales tax, GST/HST, or other taxes applicable to your subscription.
8. Service Level
Brothers Digital will use reasonable efforts to maintain the availability and performance of the Service. However:
- We do not guarantee 100% uptime or uninterrupted access to the Service
- We may perform scheduled maintenance during which the Service may be temporarily unavailable
- We will use reasonable efforts to provide advance notice of planned maintenance when practicable
- We are not responsible for downtime caused by factors outside our reasonable control, including internet outages, third-party service failures, or force majeure events
9. Limitation of Liability
To the maximum extent permitted by applicable law, Brothers Digital and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Service.
In no event shall our total liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the amount you paid to Brothers Digital in the twelve (12) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Brothers Digital and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property or privacy right
- Any claim that your use of the Service caused damage to a third party
11. Termination
Either party may terminate this agreement at any time. You may terminate by cancelling your subscription through your account settings or by contacting us. Brothers Digital may terminate or suspend your access immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Upon termination, your right to use the Service ceases immediately. We will make your data available for export for a period of thirty (30) days following termination. After this period, we may delete your data in accordance with our data retention practices. It is your responsibility to export any data you wish to retain before the end of this period.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
13. Changes to Terms
We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Effective" date. For material changes, we will provide at least thirty (30) days' notice before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
We encourage you to review these Terms periodically. If you do not agree to the updated Terms, you must stop using the Service.
14. Contact
If you have any questions about these Terms of Service, please contact us at hello@brothersdigital.ca.