Terms & Conditions

1. Acceptance of Terms

By accessing or using the Caivus platform (the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and Gurnik Singh, operating as Caivus ("we," "our," or "us").

2. Definitions

• "User" or "you" refers to the individual or entity that creates an account and uses the Service.
• "Account Holder" refers to the primary user who created the account and is responsible for billing and team management.
• "Team Member" refers to additional users added to an Account Holder's account.
• "Documents" refers to files uploaded to the Service for processing.
• "Extracted Data" refers to information, classifications, and analysis results generated by the Service from uploaded Documents.

3. Description of Service

Caivus provides a document processing platform that allows users to securely store, analyze, and classify documents. The Service is designed for Canadian mortgage brokers and extracts information from financial and personal documents.

3.1 Beta Status

The Service is currently in beta. By using the Service during the beta period, you acknowledge and agree that:

• The Service may contain bugs, errors, or other issues
• Features may change, be modified, or removed without notice
• Data may be deleted at any time without prior notice
• Service availability is not guaranteed
• We may discontinue the beta program at any time

3.2 Beta Pricing

Users who subscribe during the beta period receive a special discounted rate for the lifetime of their subscription. If you cancel your subscription, you will permanently lose access to the beta discount and will not be able to re-subscribe at the discounted rate.

4. Account Registration and Responsibilities

4.1 Account Creation

To use the Service, you must create an account and provide accurate, current, and complete information including your name, email address, phone number, company name, and mortgage broker license number.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.3 Team Members

Account Holders may add Team Members to their account. The Account Holder is solely responsible for:

• All actions taken by Team Members under the account
• Ensuring Team Members comply with these Terms
• Managing Team Member access and permissions
• Any charges incurred by Team Member activity

The number of active Team Members permitted depends on your subscription plan. Current limits are specified on our pricing page and may vary by plan. Exceeding your plan's Team Member limit may require an upgrade to a higher-tier plan.

5. Subscription and Payment

5.1 Free Trial

New users receive a 14-day free trial of the Service. At the end of the trial period, your payment method will be automatically charged for your selected subscription plan unless you cancel before the trial ends.

5.2 Subscription Plans

We offer monthly and annual subscription plans. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan.

5.3 Billing

• Monthly subscriptions are billed on the same date each month
• Annual subscriptions are billed on the same date each year
• All fees are charged in advance for the upcoming billing period

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• You will retain access to the Service until the end of your current billing period
• No refunds will be issued for any unused portion of the billing period
• Your account and data will remain accessible until the end of the billing period
• Beta users: If you cancel, you will permanently lose access to the beta discount rate

5.5 No Refunds

All payments are final and non-refundable. We do not provide refunds or credits for partial subscription periods, unused features, or any other reason.

5.6 Price Changes

We reserve the right to change our subscription prices at any time. Price changes will take effect at the start of your next billing cycle. We will provide reasonable notice of any price increases.

6. Intellectual Property

6.1 Your Documents

You retain full ownership of all Documents you upload to the Service. We do not claim any ownership rights over your Documents.

6.2 Extracted Data and Analysis

Caivus owns all Extracted Data, classifications, analysis results, and any other outputs generated by the Service from your Documents. This includes, but is not limited to:

• Document classifications and categorizations
• Extracted text, fields, and data points
• Analysis results and insights
• Metadata about document processing

You are granted a license to access and use the Extracted Data for your own business purposes while your subscription is active.

6.3 Service Intellectual Property

All intellectual property rights in the Service, including but not limited to software, algorithms, designs, trademarks, and documentation, are owned by Caivus. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

6.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

7. Acceptable Use

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for professional use by mortgage brokers and related professionals.

7.2 Prohibited Activities

You agree not to:

• Resell or redistribute the Service or access to the Service to third parties
• Scrape, crawl, or use automated systems to access or extract data from the Service
• Upload or process illegal documents or documents obtained through illegal means
• Upload documents without authorization from the document owner or without proper consent
• Use the Service for any unlawful, fraudulent, or harmful purpose
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Circumvent or disable any security features of the Service
• Impersonate any person or entity or misrepresent your affiliation
• Transmit viruses, malware, or other harmful code
• Use the Service to violate any applicable law or regulation

8. End-Client Data

You are responsible for ensuring that you have obtained all necessary consents and authorizations from your clients before uploading their documents to the Service. You represent and warrant that:

• You have the legal authority to upload and process your clients' documents
• Your use of the Service does not violate any applicable laws, regulations, or agreements with your clients
• You have informed your clients about how their data will be processed

You agree to indemnify and hold Caivus harmless from any claims arising from your failure to obtain proper authorization for document processing.

9. Data and Deletion

9.1 Data Retention

Documents and Extracted Data are retained in accordance with our Privacy Policy. During the beta period, data may be deleted at any time without prior notice.

9.2 User-Initiated Deletion

You may delete Documents through the Service interface or by contacting us. When you delete a Document:

• The Document file and extracted content are permanently removed
• Metadata about the Document may be retained for analytics purposes

9.3 Account Deletion

You may delete your entire account by contacting us. Upon account deletion, all your data, including Documents, Extracted Data, and Metadata, will be permanently deleted.

9.4 Deletion Requests

You may request deletion of your data at any time by contacting us at gurnik@caivus.ai.

10. Account Suspension and Termination

10.1 Suspension by Caivus

We reserve the right to suspend or terminate your access to the Service, without prior notice or liability, for any reason, including but not limited to:

• Non-payment of subscription fees
• Abuse of the Service or violation of these Terms
• Illegal activity or use of the Service for unlawful purposes
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or the Service

10.2 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and all associated data
• You will not be entitled to any refund of fees paid

10.3 Survival

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination, will survive termination of these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE OR ANY DATA EXTRACTED
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED

WE DO NOT GUARANTEE ANY SPECIFIC LEVEL OF UPTIME OR AVAILABILITY. The Service may be unavailable at any time for maintenance, updates, or other reasons.

YOU ACKNOWLEDGE THAT THE SERVICE IS IN BETA AND MAY NOT PERFORM AS EXPECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIVUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Caivus, and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including your clients
• Your violation of any applicable laws or regulations
• Documents you upload or process through the Service
• Actions taken by Team Members under your account

14. Dispute Resolution

14.1 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration.

14.2 Arbitration Process

Arbitration shall be conducted in accordance with the rules of the ADR Institute of Canada or another mutually agreed-upon arbitration service. The arbitration shall take place in British Columbia, Canada, or via virtual proceedings.

14.3 Waiver of Class Actions

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Notwithstanding the above, either party may seek equitable relief in court to protect intellectual property rights or confidential information.

15. Governing Law

These Terms shall be governed by and construed in accordance with the federal laws of Canada and the laws of the Province of British Columbia, without regard to conflict of law principles.

16. Modifications to Terms

We reserve the right to modify, update, or change these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Effective Date." For significant changes, we may also notify you by email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Caivus regarding your use of the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

17.5 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at gurnik@caivus.ai.

18. Contact Information

If you have any questions or concerns regarding these Terms, please contact: